Ronald B. and Annette C. Talmage - Page 51




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          as part of the divorce settlement); and (4) loans.  In view of the          
          compensation petitioner earned, to suggest that an employer would           
          advance funds in excess of $2 million to an employee to satisfy an          
          employee’s divorce obligations is beyond implausible.                       
               We must determine the credibility of a witness 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.  Petitioner’s testimony was inconsistent,                   
          contradictory, implausible, and not credible.                               
               Ms. Chen is of Chinese ancestry and resides in Taiwan.  She            
          cannot read or write English and testified through an                       
          interpreter.18  Ms. Chen’s testimony, even giving due regard to the         
          language barrier, revealed a lack of basic knowledge about her              
          business relationship with petitioner.  She testified that she had          
          been the CEO of NCPL since her husband, Mr. Seki, died on October           
          6, 2001, and that NCPL had only two employees, Susan Lung and               
          petitioner.  Although she was allegedly the CEO of NCPL, a company          
          with only two employees, she did not know what petitioner’s salary          

               18 Ms. Chen’s attorney, Philip N. Jones, explained to the              
          Court that it was “very difficult or impossible for her to tell             
          what a document is about because of the language barrier”.  He              
          also stated that “the language barrier for my client is quite               
          severe, and when she is handed a document in English, it’s as if            
          I was handed a document printed in Chinese characters.  She                 
          cannot read it.”                                                            






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