- 21 - Petitioner argues that the payments by JJH to CCA, Coastal, and Craig were deductible because JJH transferred funds to these entities “in the normal course of its business”. We disagree. Petitioner has put forth no credible evidence that these payments by JJH to these entities or to Craig are deductible. To the contrary, petitioner’s own statements support our finding that the funds were circulated without a business purpose to fund petitioner’s personal expenses. We reject petitioner’s argument that the amounts paid to Simmons are deductible interest payments. Simmons admitted he rented the Muehl residence to petitioner, and the fact that Simmons reported the payments from petitioner as “interest” on his return is unpersuasive since it was petitioner who prepared this return. Finally, petitioner argues generally that all amounts paid by JJH are deductible because “Personal living expenses, when provided by an employer, are not income to the person who receives it”. Petitioner’s argument is without merit, and, on the basis of his knowledge and experience, petitioner knows it. We find all other testimony and evidence not discussed herein in favor of additional deductions to be unpersuasive or incredible. Fraud Penalty Under Section 6663 We turn now to the fraud penalty. Respondent bears the burden of proving by clear and convincing evidence that petitioners are liable for the penalty for fraud. See sec.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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