- 9 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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