- 18 -18 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 that a taxpayer had no unreported deductions or exclusions." United States v. Bender, 218 F.2d 869, 871 (7th Cir. 1955). Respondent is entitled to rely on the presumption that the deductions and exclusions listed by a taxpayer in his return are all that exist. This presumption is based upon reasonable experience * * * and has the effect of shifting the burden of going forward with the evidence to the * * * [taxpayer], when the Government has shown unreported income. [United States v. Lennon, 246 F.2d 24, 27 (2d Cir. 1957) (quoting United States v. Bender, supra at 871-872).] In this case, Ferrentino has admitted, by filing amended returns for the years in issue, that he had unreported income. AJF has conceded that it should have reported the amounts earned from delivery services for Custom Decorating. Furthermore, respondent has shown that the fuel reimbursement check amountsPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011