- 5 - excess of $16,000 claimed thereon, even though the judgment was entered approximately 2-1/2 months after petitioner contends he filed his 1988 return. Petitioner’s mother (Mrs. Schwechter) testified that she recalled seeing copies of petitioner’s tax returns for the years in issue that were stamped to indicate receipt by the Internal Revenue Service.1 However, her testimony is inconsistent and contrary to other evidence in the record; we therefore find it unreliable. First, Mrs. Schwechter testified that she was present in the divorce court when petitioner was asked to produce his tax returns, including those for the years in issue, and that he produced such returns. Later, she testified that she saw copies of the returns, but she denied any recollection that those tax returns were presented during the divorce proceedings. Furthermore, Mrs. Schwechter could not recall any of the dates during 1988 and 1989 when the divorce hearings took place, despite the fact that she was a co-defendant and under subpoena to attend. Moreover, the divorce court’s October 1989 judgment made no mention of any refunds owed to petitioner, supporting an inference that it did not obtain access to the 1988 return despite Mrs. Schwechter’s testimony to the contrary. For all 1 Mrs. Schwechter does not claim to have seen petitioner prepare or file his returns.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