-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.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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