- 10 - Respondent also determined that they are liable for each of the years at issue for the accuracy-related penalty under section 6662(a) on the underpayment for each of those years that is attributable to, inter alia, that claimed Schedule A deduction and that claimed rental loss. OPINION Petitioners bear the burden of proof on the issues pre- sented. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioners attempted to satisfy their burden of proof through the testimony of Mr. Towles and certain documentary evidence. Based on our observation of Mr. Towles' demeanor, we did not find him credible. Moreover, Mr. Towles' testimony was contradicted by the testimony of Mr. Alexander and Ms. Nichols, two of respondent's witnesses, and certain documentary evidence. We found each of those two witnesses to be credible and their testimony to be consistent.3 We also found Mr. Schultz, respon- dent's remaining witness, to be credible. Petitioners contend that they are entitled to deduct under section 212 the expenditures that the parties stipulated they 3On Mar. 8, 1999, petitioners filed a motion to strike the testimony of Mr. Alexander on the ground that he perjured himself at the trial in this case. We shall deny that motion. Even if we were to exclude the testimony of Mr. Alexander, our findings and conclusions herein would not change.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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