A plaintiff need not expressly admit the falsity of income tax returns before a court can assess lost earning capacity at an amount exceeding the income disclosed in those returns; the court must determine on all the evidence what the plaintiff could have done in the workforce and what sum of money the plaintiff would have had at his or her disposal. However, where tax returns are found to be inaccurate, the assessment of lost earning capacity must be conservative, erring on the side of caution. The tax treatment of a plaintiff's income is not conclusive of earning capacity.
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