Jonita Conner - Page 7

                                        - 6 -                                         
          however, and therefore she does not have a receipt of mailing to            
          corroborate her testimony.                                                  
               Respondent contends that petitioner has a history of failing           
          to file tax returns or provide financial information, and,                  
          therefore, petitioner’s testimony is not credible.  Respondent’s            
          settlement officer testified that petitioner had tax liabilities            
          for previous years that respondent had attempted to collect.                
          Respondent’s records indicate that although petitioner proposed             
          collection alternatives for those years, respondent rejected the            
          proposals due to petitioner’s failure to file tax returns or                
          provide financial information.                                              
               Petitioner did not dispute the settlement officer’s                    
          testimony regarding the prior years’ tax liabilities.  In                   
          addition, petitioner acknowledged that she filed her 2005 tax               
          return late.  On the basis of the record, we agree with                     
          respondent that petitioner has demonstrated a pattern of missing            
          deadlines with respect to filing her tax returns and providing              
          respondent with requested information.  In the absence of                   
          corroborating evidence, we are not required to accept, and do not           
          accept, petitioner’s self-serving testimony that she mailed the             
          2004 tax return and Form 433-F to respondent on November 28,                
          2005.  See Tokarski v. Commissioner, 87 T.C. 74, 77 (1986);                 
          Madden v. Commissioner, T.C. Memo. 2006-4.                                  







Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011