- 8 - This case epitomizes the ultimate task of a trier of the facts--the distillation of truth from falsehood which is the daily grist of judicial life. He must be careful to avoid making the courtroom a haven for the skillful liar or a quagmire in which the honest litigant is swallowed up. Truth itself is never in doubt, but it often has an elusive quality which makes the search for it fraught with difficulty. That this is so is clearly illustrated by the situation herein. * * * We decide whether a witness is credible on the basis of objective facts, the reasonableness of the testimony, and the demeanor of the witness. Quock Ting v. United States, 140 U.S. 417, 420-421 (1891); Wood v. Commissioner, 338 F.2d 602, 605 (9th Cir. 1964), affg. 41 T.C. 593 (1964); Dozier v. Commissioner, T.C. Memo. 2000-255. From our observation of petitioners at trial, we found Dr. Rinker’s testimony on this point to be credible, sufficiently detailed, and reasonable. Dr. Rinker’s demeanor on the stand was forthright and earnest. While petitioners at times lacked detailed memories of some of their financial activities in 1999, Dr. Rinker recalled her meeting with Mr. Hertz at her house in 2002 with relative precision. She testified that at the conclusion of that meeting, she gave Mr. Hertz a box containing the bulk of her source documents, and that she never saw them again. Mr. Hertz testified that he gave the box of records back to Dr. Rinker at the conclusion of that meeting. According to Mr. Hertz’s testimony, the entire purpose of the meeting was toPage: 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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