AJF Transportation Consultants, Inc., et al. - Page 13

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             and (2) some part of the underpayment was due to fraud."                                             
             Recklitis v. Commissioner, 91 T.C. 874, 909 (1988) (citations                                        
             omitted); see also Hebrank v. Commissioner, 81 T.C. 640, 642                                         
             (1983).                                                                                              
                    Although respondent need not prove the precise amount of the                                  
             underpayment resulting from fraud, respondent may not carry his                                      
             burden by merely relying on a taxpayer's failure to carry the                                        
             burden of proof on the underlying deficiency.  DiLeo v.                                              
             Commissioner, 96 T.C. 858, 873 (1991), affd. 959 F.2d 16 (2d Cir.                                    
             1992); Otsuki v. Commissioner, 53 T.C. 96, 106 (1969).                                               
                    A.  Underreporting of Tax                                                                     
                    Respondent asserts that petitioners had unreported income                                     
             arising from the checks issued by J.C. Penney for delivery                                           
             services rendered by AJF to Custom Decorating and fuel                                               
             reimbursements for fuel expenses incurred by AJF.                                                    
                    Petitioner AJF concedes that checks which were cashed by                                      
             Ferrentino, received from Custom Decorating for delivery                                             
             services, should have been included in AJF's gross income.                                           
             However, petitioners argue that the fuel reimbursements are not                                      
             includable in gross receipts of AJF, and the proceeds from                                           
             Ferrentino's check cashing are not includable in his gross income                                    
             because he used the proceeds to pay "casual labor" for                                               








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