AJF Transportation Consultants, Inc., et al. - Page 18

                                                    - 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 amounts                                       








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