Rogelio R. Balot and Zenaida V. Balot - Page 31




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          C.  Amounts of Deficiencies; Nonfraudulent Causes                           
               In parts II. A. and II. B. of this opinion, respondent had             
          the burden of proving, by clear and convincing evidence, that               
          there were underpayments of tax, some part of which was due to              
          fraud; respondent carried this burden.                                      
               In this part of the opinion, petitioners have the burden of            
          proving, by a preponderance of the evidence, that the                       
          deficiencies12 are less than the amounts respondent determined in           
          the notice of deficiency.  See Rule 142(a); Welch v. Helvering,             
          290 U.S. 111, 115 (1933).                                                   
               Petitioners also have the burden of proving, by a                      
          preponderance of the evidence, that some part of the 1991 or 1992           
          underpayment is not due to fraud.  See sec. 6663(b).                        
               In the absence of adequate records, respondent may employ              
          reasonable methods of reconstructing petitioners’ taxable income            
          in a manner which clearly reflects income.  See sec. 446(b);                
          Holland v. United States, 348 U.S. 121 (1954); Parks v.                     
          Commissioner, 94 T.C. at 658.                                               
               Although the notice of deficiency does not so state, it is             
          evident from the record herein that respondent’s notice of                  
          deficiency determinations of “Other Unreported Income” are based            




               12For purposes of the instant case, “deficiency” is the same           
          as “underpayment”.  Compare sec. 6211(a) with sec. 6664(a).                 





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