- 22 - As to respondent’s contention that Neal gave false testimony at trial concerning an audit interview with respondent’s agents, this claim rests on conflicting testimony. One of the agent’s notes of the interview recorded that John said he followed a procedure for ensuring that the weight tickets that reflected the scrap metal sales were forwarded from his work location in the Prospect building to the main office in the Buchanan building. At trial, both John and Neal denied that John had made the statements recorded in the notes, while both agents gave contradicting testimony. The agent’s notes are not in evidence, although John and Neal obtained the notes and reviewed them just prior to trial. On this record, respondent has failed to prove, by clear and convincing evidence, that Neal gave false testimony at trial. Finally, while we agree with respondent that Neal’s testimony alluding to the possibility that he himself may have been the one who first raised the issue of scrap metal sales is highly improbable, we do not believe this is a material factor in light of the actions taken by Neal to disclose the diverted income on Simco’s amended returns. 9(...continued) the place of the original return. Thus, the question was whether the deductions were claimed fraudulently, not whether the income was omitted fraudulently. In the instant case, the amended returns were not filed within the time required for filing returns, so they do not take the place of the original returns.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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