- 17 - find the few contradictions in testimony to be understandable and of little importance. Furthermore, other evidence, including Toll’s records of the bribes he paid petitioner supports their testimony. We have also found the transcript of the “wired” conversation between Suval and petitioner, though not explicit, to be very damaging to petitioner. We wish to note, however, that the expert report and opinion of John Lackey add little weight to respondent’s case. First, Mr. Lackey did not review all the returns which petitioner examined. Additionally, the mistakes that Mr. Lackey found in petitioner’s 1977 and 1978 tax return examinations could have been unintentional, possibly resulting from petitioner’s completing them in a hurry, or from the fact that petitioner did not have the extensive examination resources that Mr. Lackey had. This conclusion could be supported by the fact that Mr. Lackey found similar mistakes in the 1979 and 1980 Cynwyd Group returns which he examined, even though petitioner did not examine those returns. Nonetheless, even though we give little weight to Mr. Lackey’s report, we find that respondent has proven, by clear and convincing evidence, that petitioner received unreported bribe income in 1980, 1982 and 1983. Accordingly, respondent has met her burden of proving that underpayments existed for the years in issue.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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