- 21 -- 21 - business activities. In Bystry v. United States, supra at 576, 579, the taxpayers transferred no land or other assets to their business and never did business as a corporation. Petitioners point out that the taxpayers in Barker and Bystry had no corporate bank accounts and contend that this fact is dispositive. We disagree. In contrast to the facts in those cases, Rosewood Kennels, Inc., owned property, borrowed money, obtained insurance, and did business. 3. The Invoices Petitioners contend that their employee, Onni, had the Rosewood Kennels, Inc., letterhead printed and used it without their knowledge. Petitioners both testified that Onni concluded, without petitioner's telling him, that Rosewood Kennels was incorporated, and that petitioner was president and Mr. Moye was secretary/treasurer. We do not find petitioners' testimony in this regard to be credible. We decide whether a witness is credible on the basis of objective facts, the reasonableness of the testimony, the consistency of statements made by the witness, and the demeanor of the witness. Quock Ting v. United States, 140 U.S. 417, 420-421 (1891); Wood v. Commissioner, 338 F.2d 602, 605 (9th Cir. 1964), affg. 41 T.C. 593 (1964); Pinder v. United States, 330 F.2d 119, 124-125 (5th Cir. 1964); Concord Consumers Hous. Coop. v. Commissioner, 89 T.C. 105, 124 n.21 (1987). Petitioners' testimony about the letterhead was implausible. WePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011