Walter R. Huff and Lucy C. Huff - Page 6

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          299 F.3d 221 (3d Cir. 2002).  In fact, on the basis of our                  
          perception of Mr. Huff as he testified, and our evaluation of his           
          overall testimony in the light of the record as a whole, we                 
          reject petitioners’ argument on brief that Mr. Huff’s testimony             
          constitutes “credible evidence” sufficient to shift the burden of           
          proof to respondent under section 7491(a).                                  
               Mr. Huff during his testimony had a selective loss of                  
          memory; for example, he could vividly recall specific facts that            
          supported his case but generally had no recollection as to many             
          other facts which could have been detrimental to his case (e.g.,            
          whether he filed timely his 1997 State income tax return, whether           
          he filed timely his 1991 through 1993 Federal income tax                    
          returns).  He also testified that he prepared petitioners’ 1997             
          Form 4868 immediately after he had finished preparing their 1997            
          Form 1040 and that he prepared the former document because he was           
          concerned that the latter document would not be postmarked                  
          timely.  In that the 1997 Form 1040 reports for 1997 that                   
          petitioners’ total tax and total tax payments equal $13,340 and             
          $16,327, respectively, petitioners’ reporting on their 1997 Form            
          4868 that their total tax and total tax payments for that year              
          equaled $15,800 and “$15,800+”, respectively, indicates that Mr.            
          Huff did not readily know when he prepared the 1997 Form 4868 the           
          precise amount of either petitioners’ total tax or their tax                
          payments.                                                                   






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