- 3 - FINDINGS OF FACT3 Some facts were stipulated. We incorporate herein by this reference the parties’ stipulation of facts and the exhibits submitted therewith. We find the stipulated facts accordingly. Petitioner is a C corporation that timely filed Federal income tax returns for the subject years. Background Petitioner retails gasoline and related products (collectively, gasoline) and home heating oil in Massachusetts and New Hampshire. Petitioner sells its gasoline and home heating oil only for cash, and its service stations (stations) only sell gasoline. Petitioner’s stations all display the name “Haffner’s” and operate under the name Haffner’s Service Stations, Inc. 3 During trial, petitioner elicited testimony from its accountants (Seymour Rubin (Rubin) and George Goertz (Goertz)) and some of its faithful (to the Haffner/Fournier family), longtime employees (Peggy Willett (Willett), Mary Osgood (Osgood), Roland Beauchesne (Beauchesne), and E. Haffner Fournier (Haff)). We find unreliable much of the testimony of Rubin, Willett, Osgood, and Haff. We find much of their testimony to be vague and uncorroborated. We also find some of the testimony of Haff to be inconsistent with and/or contrary to the documentary evidence. Under the circumstances, we are not required to, and we do not, rely on the unreliable testimony of Rubin, Willett, Osgood, and Haff to support petitioner’s positions herein. See Brookfield Wire Co. v. Commissioner, 667 F.2d 551, 552 (1st Cir. 1981), affg. T.C. Memo. 1980-321; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). See also Kenney v. Commissioner, T.C. Memo. 1995-431, where the Court declined to rely upon most of the testimony of the taxpayer and a long list of relatives and close friends who testified in support of her claim of innocent spouse relief.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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