Lucila Novoa - Page 16

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          income from her ownership of the trucks and their use by other              
          persons.                                                                    
              We believe petitioner's testimony--in response to the                  
          questions she was asked at trial--literally to be true, but it              
          does not cover all possible sources of income from the use of her           
          truck or trucks during the taxable year.  Petitioner did not                
          explain how two Mack trucks were used in her trucking business              
          during a portion of 1993.  Petitioner's testimony does not                  
          exclude the possibility that she drove one truck herself to                 
          provide transportation services for Cappy's and allowed someone             
          else either to use her truck when she was not driving it,12 or to           
          use the other truck to provide transportation services for                  
          others, giving rise to rent income rather than earned income.13             
          In this way, petitioner's testimony that she had no other clients           
          and that she reported all her earnings would literally be true,             
          and still fail to rebut the presumption of correctness of                   
          respondent's determination that petitioner had unreported income            
          from another source whose likely existence is disclosed by the              
          record.                                                                     


               12 We note that, for the immediately preceding year,                   
          petitioner reported gross receipts of $68,145 from her trucking             
          business, approximately $24,000 more than she reported for the              
          taxable year in issue.                                                      
               13 Petitioner's failure to report the sale of the second               
          Mack truck raises from another angle the question of whether her            
          failure to report income was connected to income generated by               
          other use or rental of the truck that was sold.                             



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