Joseph J. House - Page 21




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               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.                 






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