- 15 - documents showing that the Lees hired a law firm allegedly to recover Hamalee's stolen property, and that the firm sent a letter to both Mr. Won and his brother in May 1990, asking them to compensate Hamalee for the thefts or face criminal prosecution if they did not. When the letters received no response, the witnesses testified, no further action was taken to recover the allegedly stolen amounts. We are not persuaded by petitioners' arguments. Simply put, they have failed to show us that the Lees did not actually or constructively receive these distributions. Petitioners rely mainly on the testimony of the Lees and numerous "family" members to support their allegations for a contrary result. We give this testimony little weight. In addition to the fact that much of it is self-serving and/or biased, we find that none of the relevant testimony is corroborated by uninterested persons or any other reliable evidence. Under the circumstances, we are not required to, and we do not, rely on that testimony to support petitioners' positions herein. LaBow v. Commissioner, 763 F.2d 125, 131 (2d Cir. 1985), affg. in part and revg. in part on other grounds T.C. Memo. 1983-417; Lifschultz v. Commissioner, 393 F.2d 232, 234 (2d Cir. 1968), affg. T.C. Memo. 1966-225; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011