- 21 - showed them a brown book from a year not under consideration and explained how he calculated his income. Petitioner was uncooperative and evasive when asked to produce the brown books for the years under consideration. He was not able to explain the numbers on his summary sheets, and stated that he could not read his own writing. To summarize, the evidence in this case shows, clearly and convincingly, that the entire underpayment for 1984, 1985, and 1986 is due to petitioner's fraud. Thus, we sustain respondent's determination that petitioner is liable for the additions to tax under section 6653(b) for 1984, 1985, and 1986. We now turn to whether any part of the underpayment for the years under consideration is due to Mrs. Jenkins' fraud. b. Mrs. Jenkins Mrs. Jenkins' testimony was not fully credible. Her support of petitioner's claim that petitioner provided Ms. Bellamy with the brown books for the years under consideration demonstrates that part of her testimony was not plausible. We have found that petitioner never provided Ms. Bellamy with the brown books. Nonetheless, we are not inclined to hold that Mrs. Jenkins committed fraud based solely on her lack of credibility. As previously stated, fraud is never presumed; even if the taxpayer's testimony is not credible in all respects, we may still be leftPage: 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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