- 18 - (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'sPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011