Patrick C. Badell and Lillian A. Badell - Page 9




                                        - 9 -                                         
               2.   Petitioners’ Contentions                                          
               Petitioners contend that B&W did not receive barter income             
          in fiscal year 1995 because Kelso and B&W paid each other in full           
          after B&W’s fiscal year 1995.                                               
               Badell testified that he did not tell Mr. Kelso or Blume               
          that he would work off the cost of the roofing services.  Badell            
          testified that B&W did not try to collect the debt Kelso owed it            
          because B&W expected that Kelso would pay B&W eventually.  Badell           
          also testified that he did not know whether the work Kelso did on           
          his roof was a large or small project and that he did not                   
          remember seeing roofing equipment or materials at his home                  
          because he was not home during the day when the roofers were                
          there.  We disagree.  We decide whether a witness is credible               
          based on objective facts, the reasonableness of the testimony,              
          the consistency of statements made by the witness, and the                  
          demeanor of the witness.  See Quock Ting v. United States, 140              
          U.S. 417, 420-421 (1891); Wood v. Commissioner, 338 F.2d 602, 605           
          (9th Cir. 1964), affg. 41 T.C. 593 (1964); Pinder v. United                 
          States, 330 F.2d 119, 124-125 (5th Cir. 1964); Concord Consumers            
          Hous. Coop. v. Commissioner, 89 T.C. 105, 124 n.21 (1987).  We              
          may discount testimony which we find to be unworthy of belief,              
          see Tokarski v. Commissioner, 87 T.C. 74, 77 (1986), but we may             
          not arbitrarily disregard testimony that is competent, relevant,            
          and uncontradicted, see Conti v. Commissioner, 39 F.3d 658, 664             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011