Oliver E. Stubblefield - Page 15

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          received by him from his sister Ms. Williams and his cousin Ms.             
          Rawls.7  Petitioner's position herein is set forth in the Protest           
          that petitioner filed with respondent during the administrative             
          stage of this case:                                                         
                    The taxpayer maintained credit cards and charge                   
               accounts during the years in question.  Members of the                 
               taxpayer's family who had no credit cards or charge                    
               accounts routinely made charges on these accounts.                     
               These family members gave the taxpayer cash to pay for                 
               their charges and that cash was deposited.[8]                          
          Petitioner does not contend that he received "reimbursements"               
          from any family member other than his sister Ms. Williams and his           
          cousin Ms. Rawls.                                                           
               Petitioner's "reimbursement" story is principally based on             
          petitioner's testimony, as well as the testimony of his cousin              
          Ms. Rawls.9  At trial, we had the opportunity to observe the                
          demeanor of petitioner and Ms. Rawls and to evaluate their                  


          7 Petitioner does not contend that respondent failed to                     
          properly credit him for any gifts, inheritances, or loans.                  
          Further, petitioner does not contend that his father had any                
          interest in petitioner's savings account.  See supra note 2.                
          8 We note that petitioner's Protest was admitted into                       
          evidence solely for impeachment purposes.  We quote it here only            
          because it represents the most succinct statement of petitioner's           
          position at trial and on brief.  As the discussion in the text              
          will shortly reveal, we reject petitioner's position based on our           
          negative assessment of petitioner's credibility.                            
          9 Petitioner did not call his sister Ms. Williams to                        
          testify, nor did he explain why her testimony was not offered.              
          Under the circumstances, we are entitled to assume that Ms.                 
          Williams' testimony would not have been favorable to petitioner's           
          position.  See Wichita Terminal Elevator Co. v. Commissioner, 6             
          T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947).                




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