Carl E. Jones and Elaine Y. Jones - Page 54

                                                -54-                                                  
            petitioner attributed the entire reported amount, $28,248, to the                         
            Johnsons' default.                                                                        
                  Petitioner testified that in selling the house to the                               
            Johnsons, he took back a second mortgage of approximately                                 
            $33,000, which was payable in three annual installments, and that                         
            the Johnsons defaulted after making the first payment.                                    
            Petitioner further testified that he pursued collection of the                            
            debt owed him by the Johnsons, and that he obtained a $40,000                             
            judgment against Ben and a $20,000 judgment against Kathy, which                          
            he recorded in the counties where the Johnsons now reside.                                
                  Petitioner relies on only his testimony to carry the burden                         
            of proving the loss; he failed to produce any corroborating                               
            evidence to support his testimony.  Thus, the issue is one of                             
            credibility wherein we must determine the extent to which the                             
            proffered testimony is believable.  See Schad v. Commissioner, 87                         
            T.C. 609, 620 (1986), affd. without published opinion 827 F.2d                            
            774 (11th Cir. 1987).  It is well established that we are not                             
            required to accept self-serving testimony in the absence of                               
            corroborating evidence.  Niedringhaus v. Commissioner, 99 T.C.                            
            202, 212 (1992); Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).                         
            Moreover, the rule is well established that the failure of a                              
            party to introduce evidence within his possession and which, if                           
            true, would be favorable to him, gives rise to the presumption                            
            that if produced it would be unfavorable to him.  Wichita                                 
            Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946),                          
            affd. 162 F.2d 513 (10th Cir. 1947).  This is particularly true                           



Page:  Previous  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  Next

Last modified: May 25, 2011