-48-                                          
               1 Robert states that he was a 52-percent partner.  The                 
          partnership's 1979 tax return shows, and we have found, that                
          Robert was a 65-percent partner.  Supra H. Robert Iles, et al.,             
          note 12.                                                                    
               2 Supra note 5 deals with the inconsistencies in the record            
          as to when SSC was incorporated.  Our finding is in accordance              
          with the parties' stipulations.  In addition, Robert's impression           
          was that he sold SSC on Mar. 19, 1982; we have found that it was            
          3 days later.  Supra N. Second Sale of Interest in Structured               
          Shelters of Cincinnati.                                                     
               3 In an earlier case, based on the record in that case we              
          had found that Random Processing Services, Inc., was Monica's               
          corporation.  In the instant case, the parties have stipulated,             
          and we have found, that it was Robert's corporation.  Supra note            
          6.                                                                          
               Respondent need not prove that petitioners did not have                
          offsetting deductions.  Once the Commissioner has presented clear           
          and convincing evidence of unreported gross receipts, the                   
          taxpayer has the burden of coming forward with evidence as to               
          offsetting deductions claimed by the taxpayer, even in criminal             
          cases where the Government must prove a deficiency beyond a                 
          reasonable doubt.  E.g., United States v. Hiett, 581 F.2d 1199,             
          1202 (5th Cir. 1978); United States v. Campbell, 351 F.2d 336,              
          338-339 (2d Cir. 1965); Elwert v. United States, 231 F.2d 928,              
          933 (9th Cir. 1956); see also Reiff v. Commissioner, 77 T.C.                
          1169, 1175 (1981).26                                                        
               (1) 1980                                                               
               26   This rule is independent of the general rule applicable           
          to civil cases, in which the taxpayer has the burden of proving             
          entitlement to deductions before they may be allowed.  Rule                 
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                       
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