Sheldon M. Sisson - Page 9

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          this Court disallowed in Wolverine.  As a result, his first                 
          argument is without merit.                                                  
               Second, petitioner contends that he was reasonable in taking           
          the deductions because he was duly diligent in determining                  
          whether the agreement was binding.  In essence, petitioner asks             
          us to believe that it was reasonable to ignore the transactions'            
          lack of economic substance and to rely on a conditional,                    
          precursory agreement that was not applicable to the year in                 
          issue.  We decline to do so.  While petitioner contends that he             
          believed and continues to believe that the agreement was binding,           
          his opinion letter indicates that he was fully aware that the               
          agreement by its terms was not binding and did not apply to 1983,           
          the year in issue.  Petitioner's opinion letter stated:                     
               Even though as a matter of law each taxable year stands                
               by itself and the Internal Revenue Service is entitled                 
               to change its position, since you have reached an                      
               agreement in principle with the Internal Revenue                       
               Service for the years 1977-1982 for your partnerships                  
               and since the planning for the years 1978-1982 is                      
               substantially similar to the planning for 1983 and                     
               since it is anticipated that the Internal Revenue                      
               Service will apply the principles of the settlement by                 
               1983, my opinion that the significant tax benefits of                  
               the investment are likely to be realized is                            
               substantially strengthened.  [Emphasis added.]                         
               Petitioner also claims to have been duly diligent in that he           
          obtained outside counsel who advised him that the agreement was             
          binding.  Petitioner did not, however, produce any documentation            
          in support of this contention.  We are not required to, and in              
          this case do not, accept the taxpayer's uncorroborated testimony.           
          See, e.g., Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).                 




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