Edward B. Rood - Page 21

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          as a result of the settlement.14  If a settlement alone were                
          sufficient to establish the disputed nature of a debt, a taxpayer           
          whose liability for the full amount of a settled debt was not in            
          question would reap a windfall in the form of an untaxed freeing            
          of the assets previously offset by the liability represented by             
          the debt.  In contrast, in the case of a settlement of a truly              
          disputed debt, the settlement does not give rise to an accession            
          to income due to the freeing of the debtor's assets because the             
          amount of the assets that were offset by the debt is not clear.             
               In the instant case, there is no direct evidence other than            
          petitioner’s testimony that he disputed his debt to Caesar’s                
          prior to the institution of proceedings in the instant case.                
          Although petitioner contends that his testimony concerning his              
          dealings with the casino was uncontradicted, we need not accept             
          such testimony at face value where it is improbable,                        
          unreasonable, or questionable.  Quock Ting v. United States, 140            
          U.S. 417 (1891); Archer v. Commissioner, 227 F.2d 270, 273 (5th             
          Cir. 1955), affg. a Memorandum Opinion of this Court dated                  
          February 18, 1954.  We find the evidence supporting and refuting            
          petitioner’s claim concerning the alleged dispute with Caesar’s,            

          14                                                                          
               We conclude, based on the record, that petitioner has not              
          established the existence of any dispute concerning the                     
          enforceability of his debt to Caesar’s on any of the grounds                
          alleged by him.  The issue as to the enforceability of a debt,              
          which was a factor considered by the Court of Appeals for the               
          Third Circuit in Zarin v. Commissioner, 916 F.2d at 115-116, is             
          accordingly not present in the instant case.                                




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