Fred Allnutt - Page 10




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          the District Director who told petitioner that he had the                     
          authority to accept deliveries for the District Director.                     
               Respondent contends that petitioner’s testimony is not                   
          credible.  We disagree.  We decide whether a witness is credible              
          on the basis of objective facts, the reasonableness of the                    
          testimony, and the demeanor of 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).  Petitioner consistently and repeatedly described the                 
          steps he took to deliver the photocopied returns with original                
          signatures.                                                                   
               A Philadelphia Service Center stamp “IRS Received from                   
          District 052197” appears on the front page of each photocopied                
          return with original signature for the years in issue.                        
          Petitioner contends that the stamp shows that the Baltimore                   
          District Director received the photocopied returns for the years              
          in issue and sent them to the Philadelphia Service Center, which              
          received the returns on May 21, 1997.  Respondent offered no                  
          explanation of the stamp, and no argument to the contrary.  The               
          stamp tends to support petitioner’s claim that he delivered the               
          photocopied returns with original signatures for the years in                 
          issue to the Baltimore District Director because it apparently                






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