Estate of Frank Johnson - Page 143




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               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.                                   








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