- 200 - note; there is no stated interest; there is no fixed maturity date; there is no payment schedule; there is no collateral; and there is no evidence that such loans were repaid. While petitioner testified that these withdrawals were part of the claim of right later asserted by him and which he included in income, petitioner has not provided any documentary evidence to support his self-serving testimony. Some sort of objective factors demonstrating economic reality are required. See Wilkof v. Commissioner, 636 F.2d 1139 (6th Cir. 1981), affg. T.C. Memo. 1978-496. There are no such factors present here. Accordingly, we hold that, to the extent that commissions received from Lockheed, Goodyear, Clark, Galion, Morgan, or Ingersoll-Rand did not constitute income to petitioner in the years they were paid, the withdrawals from the Diesel Power Bank of America account which were converted to petitioner's personal use constituted either constructive dividends or converted funds. In either case, those withdrawals constituted income to petitioner in the years of withdrawal. III. Issues 4 and 5--Interest Income on Foreign Bank Accounts In the years 1974 and 1975 petitioner had a bank account with First National City Bank in London (FNCB), account number 1612131. The account earned interest for those years in the amounts of $38,055.71 and $43,641,69, respectively. Petitioner owned the account; he was the sole signatory to the account; hePage: Previous 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 Next
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