-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).Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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