Robin F. and Anne F. Jenkins - Page 20

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            Bellamy was given an opportunity to review photocopies of the 1984,                        
            1985, and 1986 brown books, which were provided to her through                             
            petitioners' counsel.  We conclude that petitioner did not turn the                        
            brown books over to Ms. Bellamy as asserted, and that he intended                          
            to mislead Ms. Bellamy by withholding this information.                                    
                  (5)  Lack of Credibility of Petitioner's Testimony                                   
                  A taxpayer's lack of credibility, inconsistent testimony, or                         
            evasiveness are factors in considering the fraud issue.  Toussaint                         
            v. Commissioner, 743 F.2d 309, 312 (5th Cir. 1984), affg. T.C.                             
            Memo. 1984-25. Portions of petitioner's testimony were not                                 
            credible.  For  example,  petitioner  accused  Ms.  Bellamy  of                            
            manufacturing a portion of his 1985 First American bank loan                               
            application.  Furthermore, he testified that Ms. Bellamy did not                           
            adequately inform petitioners about the statute of limitations                             
            extension period, and that she lied about her handling of the brown                        
            books.  We disbelieve petitioner's accusations.                                            
                  (6)  Failure to Cooperate with Tax Authorities                                       
                  A failure to cooperate with tax authorities is further proof                         
            of fraud.  Rowlee v. Commissioner, 80 T.C. 1111, 1125 (1983).                              
            Petitioner admitted that he was not cooperative with Ms. Bellamy                           
            during one of their audit meetings, and that he once held a grudge                         
            against the IRS.  At the second audit meeting, in which a special                          
            agent accompanied Ms. Bellamy to petitioners' home, petitioner                             








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