Virginia Ferguson, f.k.a. Virginia Del Bosque, and Estate of Armand J. Del Bosque, Deceased, Lori Del Bosque, Special Administrator, et al. - Page 17

                                       - 17 -                                         
          that petitioners were able to substantiate with substantial                 
          evidence.  At the trial of these cases, petitioners and/or their            
          witnesses testified with regard to these items.  Respondent                 
          offered no witness or evidence to contradict their testimony.               
               The Court may not arbitrarily discredit or disregard                   
          uncontradicted evidence that is competent, relevant, and                    
          credible.  The Court, however, is not bound to accept improbable,           
          unreasonable, or questionable testimony at face value, even if it           
          is uncontroverted.  Banks v. Commissioner, supra at 537; Weiss v.           
          Commissioner, 221 F.2d 152, 156 (8th Cir. 1955), affg. T.C. Memo.           
          1954-51; Rand v. Helvering, 77 F.2d 450, 451 (8th Cir. 1935).               
          The emphasis is on credibility.                                             
               In his criminal tax proceeding, Mr. Del Bosque expressly               
          admitted that he omitted substantial income from his 1987, 1988,            
          and 1989 returns with the intent to evade taxes.  For purposes of           
          the sentencing guidelines, Mr. Del Bosque stipulated that he                
          understated his taxable income in 1987, 1988, and 1989 by                   
          $116,499 and that the corresponding tax loss was approximately              
          $32,734.  The Government’s computation of Mr. Del Bosque’s                  
          understated income in the criminal tax proceeding was derived               
          from Agent Fisher’s computations using the net worth method.                
               In his criminal tax proceeding, Mr. Jacobsen expressly                 
          admitted that he omitted substantial income from his 1987 and               
          1988 returns with the intent to evade taxes.  For purposes of the           






Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011