- 26 - 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.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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