AJF Transportation Consultants, Inc. - Page 15




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             Commissioner, 865 F.2d 342, 343 (D.C. Cir. 1989); Heminway v.                                        
             Commissioner, 44 T.C. 96, 101 (1965).  However, where a                                              
             shareholder uses corporate property for his personal benefit, not                                    
             proximately related to corporate business, the shareholder must                                      
             include the value of the benefit in income as constructive                                           
             dividends to the extent of the corporation's earnings and                                            
             profits.  DiZenzo v. Commissioner, 348 F.2d 122, 125 (2d Cir.                                        
             1965), revg. in part and remanding for additional findings to                                        
             support the Tax Court's holding, T.C. Memo. 1964-121, remanding                                      
             T.C. Memo. 1966-16; Truesdell v. Commissioner, 89 T.C. 1280, 1294                                    
             (1987); Falsetti v. Commissioner, 85 T.C. 332, 356 (1985).                                           
                    Ferrentino argues that he used the check proceeds to pay for                                  
             "casual labor" needs of AJF during certain peak times or when                                        
             additional help was needed.  Respondent counters that any                                            
             additional labor needs of AJF were satisfied by the use of leased                                    
             helpers from Manpower Services.                                                                      
                    The burden of proof to establish the existence of cash                                        
             payments to casual labor is on petitioners.  Once respondent                                         
             establishes the existence of unreported income and allows the                                        
             deductions claimed on the return, he does not have the further                                       
             burden of proving the negative that the taxpayer did not have any                                    
             additional deductions.  See Perez v. Commissioner, T.C. Memo.                                        
             1974-211 (citations omitted).  One Court of Appeals has stated                                       
             that "This rule is grounded on the realization that it would be                                      
             virtually impossible for the Government to show the negative fact                                    



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