- 38 - Both petitioners and respondent rely on testimonial and documentary evidence to support their respective positions in this case. Mr. Olbres and Ms. Olbres testified at trial. Although they were able to recollect, understand, and recount certain details about the multimillion dollar business which they controlled during the years at issue, they had difficulty in remembering, comprehending, and/or recounting details about that business that do not appear to support their position in this case. We found Mr. Olbres' testimony to be questionable, implau- sible, and/or vague in certain material respects. We found Ms. Olbres' testimony to be questionable, evasive, vague, implausi- ble, and/or conclusory in certain material respects. Under such circumstances, we are not required to, and we generally do not, rely on the testimony of either petitioner. See National Fire- works v. Commissioner, 243 F.2d 295, 297 (1st Cir. 1957), affg. T.C. Memo. 1956-1; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). Ms. LaPlante testified for petitioners. While we have no reason to question her credibility based on our observation of her demeanor, for the reasons discussed below, we are unwilling to rely on her testimony to support petitioners' position in this case. Ms. Dennett and Mr. Kaply also were witnesses at trial. We found Ms. Dennett's testimony to be credible. We also found Mr. Kaply's testimony to be credible, and we rely on him to establishPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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