Jack J. Kramer - Page 26

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            States, supra (citing Commissioner v. Glenshaw Glass Co., 348                                 
            U.S. 426, 431 (1955)), as in other cases, the wrongdoer obtained                              
            "complete dominion" over his illegal gains.                                                   
                  If petitioner could show that he accrued no gain or benefit                             
            and had mere dominion over the funds without control, he could                                
            rebut the presumption that the funds are taxable income to him.                               
            Brittingham v. Commissioner, 57 T.C. 91, 101 (1971).  Petitioner                              
            posits just that theory:  While he admits that the source of                                  
            funds was illegal, he maintains that Safra and to a lesser extent                             
            Barnett money market were mere conduits for funds that supported                              
            the various enterprises that Ben caused to be created to launder                              
            the proceeds of his illegal marijuana smuggling.  Petitioner                                  
            argues that he lacked the requisite dominion and control because                              
            he was not free to use the funds at will.  See Ianniello v.                                   
            Commissioner, 98 T.C. 165, 173 (1992) (citing Rutkin v. United                                
            States, supra at 137).                                                                        
                  Petitioner relies upon his own testimony as his primary                                 
            proof.  "Undoubtedly, as a general rule, positive testimony as to                             
            a particular fact, uncontradicted by any one, should control the                              
            decision of the court; but that rule admits of many exceptions",                              
            Quock Ting v. United States, 140 U.S. 417, 420 (1891); Greenfeld                              
            v. Commissioner, 165 F.2d 318, 319-320 (4th Cir. 1947), affg. a                               
            Memorandum Opinion of this Court dated Feb. 26, 1947, and courts                              
            are not obliged to accept testimony of interested parties that is                             
            not credible and is not corroborated by any other evidence.                                   




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