Tony L. Zidar and Kathleen I. Zidar - Page 11




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          testified that she visited CRC once or twice a week, reviewed               
          CRC’s records, and recorded any shareholder advances taken by               
          Tony or Robert.  Respondent placed in evidence summary sheets               
          prepared by Conley, McDonald & Sprague, which reflect the amounts           
          Tony owed on his shareholder account.  These sheets indicate that           
          when Tony’s CRC shares were redeemed, Tony owed CRC $116,831.               
               Other than Tony’s bald insinuation of impropriety in CRC’s             
          record keeping, petitioners have given us no reason to doubt the            
          validity of Conley, McDonald & Sprague’s summary sheets.  We                
          found Tony’s testimony to be vague, uncorroborated, and                     
          conclusory in certain material respects.  Under these                       
          circumstances, we are not required to, and we do not, accept                
          Tony’s testimony.  See Lerch v. Commissioner, 877 F.2d 624, 631-            
          632 (7th Cir. 1989), affg. T.C. Memo. 1987-295; Tokarski v.                 
          Commissioner, 87 T.C. 74, 77 (1986).                                        
               In sum, the evidence establishes that petitioners realized             
          $166,831 from Tony’s disposition of his CRC stock.  Petitioners             
          have failed to establish any basis in the stock.  Accordingly, we           
          conclude that they had a $166,831 capital gain from the stock               
          redemption, and we sustain respondent’s determination that                  
          petitioners underreported their capital gains by $116,831.                  
          B.   Tony’s Stock Car Activity                                              
               Under section 183(b)(2), if an individual engages in an                
          activity not for profit, deductions relating thereto are                    






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