- 16 - 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 neverPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011