Otu and Carol Obot - Page 5

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          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.            






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