Theodore A. Andros and Joan B. Andros - Page 53

                                        -53-                                          
         Petitioner and Mr. Illingworth                                               
              Both petitioner and Mr. Illingworth testified that they did not         
         discuss the tax ramifications of creating and operating Tandrill.            
         Under the circumstances herein, we are not required to, and we do            
         not, accept the self-serving testimonial evidence presented by               
         petitioners to sustain their burden of establishing error in                 
         respondent’s determination.44 See Geiger v. Commissioner, 440 F.2d           
         688, 689-690 (9th Cir. 1971), affg. per curiam T.C. Memo. 1969-159.          
              Based upon the entire record, we conclude that petitioner               
         became a partner in Tandrill in order to reap tax benefits; i.e.,            
         to offset the $3,492,989 gain he realized in 1976 from the sale of           
         his Hy-Gain stock with losses from Tandrill.  The record makes it            
         clear that petitioner, Mr. Illingworth, and Tandrill all had the             
         same primary objective: to create tax losses.  The absence of a              
         primary for-profit objective is “so obvious that it must be the same         
         for all of the individual partners or their [partnership].”  Donahue         
         v. Commissioner, T.C. Memo. 1991-181, affd. without published                
         opinion 959 F.2d 234 (6th Cir. 1992).  Thus, it makes no practical           
         difference whether the relevant motive belongs to petitioner, Mr.            
         Illingworth, or Tandrill itself.                                             
              Petitioner willingly accepted the Partnership and Management            
         Agreements.  He contributed $300,000 for a 93.75-percent interest;           
         Mr. Illingworth contributed $20,000 for a 6.25-percent interest.             


               44   Petitioner’s testimony was marked by frequent failures            
          of recall, and he failed to provide answers to simple questions.            




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