Tracy P. Streber, F.K.A. Tracy C. Parker, et al. - Page 28

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          important respects, Teresa has failed to tell the truth.  For               
          example, we believe that, with respect to her dealings with the             
          Internal Revenue Service in 1986, she has failed to tell the                
          truth.  Accordingly, we have accorded Teresa's testimony and                
          answers little weight.  Cf. Gerardo v. Commissioner, 552 F.2d               
          549, 553 (3d Cir. 1977), affg. in part and revg. in part T.C.               
          Memo. 1975-341, (Tax Court need not give credence to testimony              
          that it disbelieves).  Tracy did testify orally.  In important              
          respects, her testimony was vague and indefinite.  She was                  
          contradicted by other witnesses.  We do not have much confidence            
          in her testimony, and, accordingly, we give it little weight.               
               E.  Conclusions                                                        
               We have concluded that the daughters are taxable on the                
          proceeds of the $2 million notes and that Parker is not.  See               
          supra sec. I.D.1.  That conclusion is based on our finding that             
          Parker made gifts to the daughters no later than January 26,                
          1980, of some or all of his rights under the earnest money                  
          contracts.  Id.  The daughters have argued that there were no               
          gifts in 1980.  They have not, however, argued that, if we were             
          to find gifts in 1980, respondent’s adjustments for 1985                    
          increasing each daughter’s taxable income by $725,188 otherwise             
          were in error.  Accordingly, we believe that the daughters have             
          conceded the amounts of taxable income that result from our                 
          finding that Parker made gifts to them no later than January 26,            
          1980.  We so find.                                                          




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