Holly Ruocco - Page 13




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               620 (1986) (discussing Court of Appeals for the Ninth                  
               Circuit authorities); Tokarski v. Commissioner, 87 T.C.                
               74 (1986).  [Fn. ref. omitted.]                                        
                                                                                     
                    The record contains ample evidence linking                        
               petitioner both to tax-generating acts and to bank                     
               deposits of the income generated by those acts.  * * *                 
                                                                                     
          Once respondent has shown evidence of gross receipts, even in the           
          criminal or civil fraud context, petitioner has the burden of               
          showing offsets or deductions reducing the taxable income.  See,            
          e.g., United States v. Shavin, 320 F.2d 308, 310-311 (7th Cir.              
          1963); Elwert v. United States, 231 F.2d 928, 933-936 (9th Cir.             
          1956); Brooks v. Commissioner, 82 T.C. 413, 433 (1984), affd.               
          without published opinion 772 F.2d 910 (9th Cir. 1985).                     
          Petitioner’s obligation with respect to deductions is                       
          indisputable.  See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84           
          (1992); Rockwell v. Commissioner, 512 F.2d 882 (9th Cir. 1975),             
          affg. T.C. Memo. 1972-133.  She presented no credible evidence on           
          any issue of fact.  See sec. 7491(a).  The stipulated facts                 
          satisfy respondent’s burden of production with respect to the               
          penalties.  See sec. 7491(c); Higbee v. Commissioner, 116 T.C.              
          438, 446-449 (2001).                                                        
               Petitioner’s Motion to Recuse, as well as the various other            
          motions filed shortly before or at the calendar call, were                  
          patently designed to delay and obstruct the determination of                
          petitioner’s correct tax liability.  The thrust of some of                  








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