Robin F. and Anne F. Jenkins - Page 18

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                  (3)  Inconsistent Explanations of Behavior                                           
                  Petitioner testified that he used his brown books to calculate                       
            petitioners' annual charitable contributions.  He also claimed that                        
            he used the brown books to prepare petitioners' tax returns.  The                          
            figures on the returns, however, did not match the figures in the                          
            books.  Petitioner asked Ms. Bellamy to take her figures and                               
            calculate 10 percent of his gross profit for each year under                               
            consideration. Petitioner agreed that Ms. Bellamy's income analysis                        
            was correct because 10 percent of the gross profit calculated from                         
            Ms. Bellamy's figures approximated petitioners' tithing.  We                               
            conclude that although petitioner used his brown books to calculate                        
            petitioners' tithing, he chose not to use them when he prepared                            
            petitioners' Federal income tax returns.                                                   
                  The brown books also were used to complete a 1985 bank loan                          
            application.  The  figures  reported  on  the  application  were                           
            inconsistent with the figures petitioner listed on petitioners'                            
            1985 Federal income tax return.  Petitioner was denied the loan                            
            based on the application, which included petitioners' 1983 and 1984                        
            income tax returns.  In a letter written to the bank, he tried to                          
            explain why the reported income was so low by informing the bank                           
            that he had a $36,788 profit during the first 8 months of 1985.  He                        
            used his brown books to compute these figures.  Subsequently, he                           
            reported no taxable income on the 1985 return.  Thus, petitioner's                         








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