-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