- 15 - Walter testified that, from 1982 through mid-1987, he received loans from Gertrude, his mother. He testified that Gertrude would deposit loan funds into Conn-7044. Gertrude did not testify. The parties, however, have stipulated as to how Gertrude would have testified had she been called. The parties have stipulated that, in part, she would have testified as follows: During the tax years at issue, and through the 1993 year, she made loans to Walter and Friedgard Van Eck in such amounts and under such circumstances, as were reflected in Walter Van Eck's testimony on these matters. Gertrude Van Eck's testimony would have been entirely consistent with Walter Van Eck's testimony on the issue of the loans; Respondent attempts to impeach the testimony of Walter and Gertrude by questioning the financial ability of Gertrude and William, Walter's father, to make loans to Walter in the amounts claimed by him. For example, respondent points out that, in 1993, William and Gertrude made an offer in compromise of their Federal income tax liabilities for 1986 and 1988 through 1990. Such liabilities totaled approximately $45,000, and William and Gertrude offered $10,000. In support of their offer in compromise, William and Gertrude claimed a negative net asset value. The parties differ as to whether Gertrude told respondent's agent that she made no loans to Walter during 1986 and 1987 except for a few small transfers of under $1,000 or whether she gave the agent a schedule reflecting no loans after mid-1984. Respondent also attempts to impeach the testimony ofPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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