Robin F. and Anne F. Jenkins - Page 21

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            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 left                            








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