- 9 -
Spear v. Commissioner, 41 F.3d at 105. Thus, in evaluating
petitioner's testimony, we must also consider other evidence in
the record.
Abe Spear borrowed $1,000 from one of his daughters in March
1954 to give to another daughter to help her with a downpayment
to buy a house. Estate of Spear v. Commissioner, T.C. Memo.
1993-213 (slip op. at 7). Abe Spear had about $26,000 in
mortgages on properties which were worth about $80,000 when he
died. Id. He paid some of his bills late and he died with some
of his deceased wife's jewelry in a pawn shop. Estate of Spear
v. Commissioner, T.C. Memo. 1993-213 (slip op. at 37-38). Abe
Spear named Leon Spear's brother and brother-in-law, not Leon
Spear, as executors of his will, which suggests that he did not
favor Leon Spear over them to the extent of making a secret
$380,000 cash gift to him as petitioners claim. Estate of Spear
v. Commissioner, T.C. Memo. 1993-213 (slip op. at 37). Leon
Spear filed exceptions to the accounting of his father's estate
alleging missing items. Estate of Spear v. Commissioner, T.C.
Memo. 1993-213 (slip op. at 38).
Petitioner testified that petitioners applied for a mortgage
and did not list cash as an asset. Petitioners first claimed
that they had a cash hoard in January 1983, several years after
their first interview with respondent's agent in 1977. Estate of
Spear v. Commissioner, T.C. Memo. 1993-213 (slip op. at 39).
Petitioners claim that they did not deposit the cash in banks
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