- 20 - 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, petitionerPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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