- 21 -21 adequate records from which their tax liability may be determined. Petzoldt v. Commissioner, 92 T.C. 661, 686 (1989). Petitioners have failed to establish that they are entitled to the additional deduction for attorney's fees. They presented no documentary evidence such as canceled checks.9 Petitioners failed to call DiCaro as a witness or any other person who could corroborate their claimed payments to him. Also unexplained is how petitioners managed to have every canceled check to substantiate payments to four other attorneys but could not produce a single canceled check for the claimed payments to DiCaro. If Mr. Marcus' records were lost closing up his office, why were the only legal fee checks misplaced the ones to DiCaro? Why didn't petitioners get copies of the canceled checks from their bank? Under these circumstances, Mr. Marcus' uncorroborated testimony is not sufficient to substantiate the deduction: "We know of no rule that uncontradicted testimony must be accepted by a court finding the facts, particularly where, as here, the testimony is given by interested parties." Wood v. Commissioner, 338 F.2d 602, 605 (9th Cir. 1964), affg. 41 T.C. 593 (1964). 9 Petitioners attempted to enter into the record a "recreated fee statement" from DiCaro's office to show that the fees had been paid, but failed to authenticate the statement by having anyone from DiCaro's office testify. Also, the recreated statement only purports to show that payments were made, not by whom payments were made.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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