- 5 - bottom. Testimony from the seller corroborated the 1996 sale date. He also offered photocopies of some receipts with the last digit of the year hidden by two strategically placed paperclips, and then capped his display of incredible evidence by trying to introduce photocopies of advertising receipts with information carefully whited out. Federal Rule of Evidence 1003 tells us to treat duplicates as originals unless there is a genuine question as to the accuracy of their reproduction. Here, there were not only genuine questions but obvious answers to the question of their accuracy. As a result, we give little weight to either the testimony or the documentary evidence that he provided. We also decline to base any part of our decision on Mr. Obot’s posttrial brief. This brief is largely a series of “worksheets,” created utterly without any reference to evidence or testimony at trial, that remarkably seeks to increase the amounts of many of the implausible deductions claimed on the Obots’ original return. Discussion The law requires taxpayers to maintain records that enable the IRS to verify income and expenses. Sec. 6001; sec. 1.6001- 1(a), Income Tax Regs. Under Rule 142(a), a petitioner bears the burden of proof. It is true that a petitioner who produces sufficient credible evidence with regard to any factual issue may be able to shift that burden to the Commissioner for that issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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