Anthony G. and Shirley A. Olbres - Page 38

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               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 establish           




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