Loren H. Schwechter - Page 5




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          excess of $16,000 claimed thereon, even though the judgment was             
          entered approximately 2-1/2 months after petitioner contends he             
          filed his 1988 return.                                                      
               Petitioner’s mother (Mrs. Schwechter) testified that she               
          recalled seeing copies of petitioner’s tax returns for the years            
          in issue that were stamped to indicate receipt by the Internal              
          Revenue Service.1  However, her testimony is inconsistent and               
          contrary to other evidence in the record; we therefore find it              
          unreliable.  First, Mrs. Schwechter testified that she was                  
          present in the divorce court when petitioner was asked to produce           
          his tax returns, including those for the years in issue, and that           
          he produced such returns.  Later, she testified that she saw                
          copies of the returns, but she denied any recollection that those           
          tax returns were presented during the divorce proceedings.                  
          Furthermore, Mrs. Schwechter could not recall any of the dates              
          during 1988 and 1989 when the divorce hearings took place,                  
          despite the fact that she was a co-defendant and under subpoena             
          to attend.  Moreover, the divorce court’s October 1989 judgment             
          made no mention of any refunds owed to petitioner, supporting an            
          inference that it did not obtain access to the 1988 return                  
          despite Mrs. Schwechter’s testimony to the contrary.  For all               




               1 Mrs. Schwechter does not claim to have seen petitioner               
          prepare or file his returns.                                                





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