Salaheddin Ahmad Ahmad - Page 21

                                        -21-                                          
          202, 212 (1992); Tokarski v. Commissioner, 87 T.C. at 77.                   
          Petitioner failed to produce any corroborating evidence to                  
          support his testimony.  Although petitioner testified that his              
          wife, mother, and father, all of whom live in the same apartment            
          with petitioner, and Saleh, who also lives in Calhoun, are the              
          sources for his deposits, petitioner failed to call any family              
          members to testify in an effort to verify his stories.21  We                
          cannot assume the testimony of absent witnesses would have been             
          favorable to petitioner.  Rather, the normal inference is that it           
          would have been unfavorable.  Tokarski v. Commissioner, supra at            
          77;  Pollack v. Commissioner, 47 T.C. 92, 108 (1966), affd. 392             
          F.2d 409 (5th Cir. 1968); Wichita Terminal Elevator Co. v.                  
          Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th            
          Cir. 1947).  Moreover, our analysis of petitioner's testimony               
          reveals inconsistencies that cast doubt upon his credibility.22             

          21     Petitioner's explanation for his failure to call any                 
          family members to testify is not credible.  Petitioner explained            
          that although he lives only 2 hours from the place of trial, he             
          did not call his parents because the weather was "nasty", his               
          parents do not speak English, and are "too old" (at 63 or 64                
          years of age) for him to put them through the ordeal of                     
          testifying via an interpreter.  Considering his parents traveled            
          from Jordan to Georgia only 2 weeks before the trial,                       
          successfully navigating similar hazards of greater scale than               
          they would have encountered on a 2-hour journey from Calhoun to             
          Atlanta, we find petitioner's explanation to be both inventive              
          and implausible.  Petitioner's explanation of why Gibson and                
          Saleh could not attend the trial and contribute corroborating               
          testimony shares an equally unreliable quality.                             
          22     For example, petitioner testified that his parents are               
          very wealthy, at one time having enough money to "buy half of the           
                                                             (continued...)           




Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011