Katrina L. Price - Page 10




                                       - 10 -                                         
          States, 591 F.2d 1243, 1245 (9th Cir. 1978); Clayton v.                     
          Commissioner, supra; DiLeo v. Commissioner, 96 T.C. 858, 869                
          (1991), affd. on other grounds 959 F.2d 16 (2d Cir. 1992); Parks            
          v. Commissioner, supra.                                                     
               Petitioner contends that some of the funds that she                    
          deposited in her bank accounts were not taxable to her because              
          those funds belonged to the photo shop and not to her.  She                 
          contends that, as a favor to the photo shop, she deposited photo            
          shop funds in her bank accounts at the close of the day and                 
          withdrew them the next business day to return those funds to the            
          photo shop.  We disagree.                                                   
               Petitioner’s testimony is the only evidence supporting her             
          contention.  We decide whether a witness is credible based on               
          objective facts, the reasonableness of the testimony, and the               
          demeanor and consistency of statements made by the witness.                 
          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, but we may not arbitrarily                   
          disregard testimony that is competent, relevant, and                        
          uncontradicted, Conti v. Commissioner, 39 F.3d 658, 664 (6th Cir.           
          1994), affg. and remanding on another ground 99 T.C. 370 (1992)             






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

Last modified: May 25, 2011