- 76 - Mr. Sutton’s Testimony We do not believe that Mr. Sutton had personal knowledge of the facts surrounding the items which were reported in the joint returns of petitioner and Ms. Brodsky for the years at issue and about which he testified at the further trial in this case. In this connection, Mr. Sutton acknowledged that certain of the items that were reported in the joint returns for 1991 and 1992 were based upon summary documents that he did not prepare. In addition, Mr. Sutton misrepresented during his testimony what documents he had shown to respondent’s counsel and one of respon- dent’s revenue agents sometime during the week before the further trial in this case. It was only upon questioning by respondent’s counsel and by the Court that Mr. Sutton acknowledged that he had made such a misrepresentation. Mr. Guterman’s Testimony Based on our observation of Mr. Guterman at the further trial, including our observation of his demeanor, we did not find him to be credible. In addition, although Mr. Guterman claimed to have personal knowledge with respect to each of the matters about which he testified, we have serious reservations about that claim.26 26Mr. Guterman admitted that his testimony with respect to at least one document was based upon the representations of petitioner as to that document, and not on his personal knowl- edge.Page: Previous 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 Next
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