- 17 - Insofar as petitioner's testimony implied and was intended to convey the impression that she reported all her income on her 1993 return, we find her testimony improbable and questionable, in light of respondent's reconstruction evidencing the receipt of income exceeding the amounts petitioner received from Cappy's. See Demkowicz v. Commissioner, 551 F.2d 929, 931 (3d Cir. 1977) (this Court is not bound to accept taxpayer's testimony if it finds it to be either improbable, unreasonable, or questionable), revg. T.C. Memo. 1975-278; Sundel v. Commissioner, T.C. Memo. 1998-78. Petitioner further argues that respondent overlooked several nontaxable sources of income for the year in issue. Petitioner contends that the inclusion of such amounts overstated respondent's determination of her unreported income. Specifically, petitioner testified that after she moved out of her apartment, her daughter Emelina continued to live in the apartment from April through December 1993. Petitioner continued to pay the rent on the apartment for those 9 months. We find that Emelina reimbursed petitioner for the rent on the apartment for those 9 months in the amount of $319 per month, totaling $2,871 for the 1993 year. Petitioner also testified that her daughter Jennifer, who lived with her and worked part time at the Drug Festival, Inc., would cash her paycheck, keep $5 and give the remainder to her mother. Jennifer testified at trial about her practice ofPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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