Donald J. and Lillian Joy Miravalle - Page 16

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          throughout these proceedings that they have no tax liability for            
          the years at issue because their business made no profit during             
          these years.  Where respondent has established unreported income            
          and the taxpayer claims that there are offsetting deductions, the           
          taxpayer has the burden to come forward with evidence as to the             
          claimed deductions, in which event the burden of proof to                   
          disprove the deductions then rests with respondent.  See id. and            
          the cases discussed therein. Petitioners have not produced any              
          evidence of deductions in excess of the amounts allowed by                  
          respondent, as previously increased.  See supra pp. 12-13.                  
               A comparison of the receipts and expenses for 1982 clearly             
          establishes an amount of business and interest income which would           
          require the filing of a tax return.  Accordingly, we find that              
          respondent has established some underpayment of tax for 1982.               
               For 1983, respondent has not addressed the deductibility of            
          the $106,659.95 paid from the Indian Rocks account.  Nonetheless,           
          even if all $106,659.95 were deductible, petitioners still would            
          have net business income in 1983, plus interest income.  Thus, we           
          find that respondent has established some underpayment of tax for           
          1983.                                                                       
               To establish fraud, respondent must show that the taxpayer             
          intended to evade a tax believed to be owing by conduct intended            
          to conceal, mislead, or otherwise prevent the collection of such            
          tax.  Korecky v. Commissioner, supra; DiLeo v. Commissioner,                
          supra; Parks v. Commissioner, 94 T.C. at 660-661.  Fraud is never           




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