- 71 - We agree with petitioners that there is no evidence that either Frank or Katherine failed to cooperate with respondent’s revenue agents regarding the examination of their returns for the years in issue. Agent Combs never interviewed Frank or Katherine in the course of that examination. It also appears that respondent’s revenue agents never requested verification for items reflected on Frank and Katherine’s returns for the years in issue. Rather, the adjustments to their returns resulted from statements Katherine made during a deposition she gave relating to docket No. 20854-94 to the effect that she and Frank furnished funds to Larry, Ronnie, and Sylvia to purchase assets and pay expenditures in excess of their incomes. Under those circumstances, we find that the factor of cooperation supports neither party’s position. (7) Credibility of Witnesses Petitioners assert that Katherine made no false or misleading statements to respondent’s revenue agents. Moreover, petitioners contend, respondent did not rebut Katherine’s cash hoard testimony, which they assert was corroborated by Katherine’s siblings. Respondent, on the other hand, contends that petitioners and their witnesses offered inconsistent, vague, unsupported, and self-serving testimony commencing with the examination and continuing through trial.Page: Previous 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Next
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