Shizuo George Kurata - Page 11

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           uncorroborated testimony that the five units “were damaged beyond                          
           repair”.  Petitioner did not support that assertion with any                               
           pictures, documentary evidence, or the testimony of any third                              
           party.  We need not, and decline to, accept petitioner's                                   
           assertion at face value given his failure to corroborate.  See,                            
           e.g., Day v. Commissioner, 975 F.2d 534, 538 (8th Cir. 1992),                              
           affg. in part, revg. in part T.C. Memo. 1991-140; Liddy v.                                 
           Commissioner, 808 F.2d 312, 315 (4th Cir. 1986), affg. T.C. Memo.                          
                  Respondent, however, presented the testimony of James                               
           Bennett, the building official for the City of Mukilteo,                                   
           Washington, since July 1986 to the time of trial.  Mr. Bennett                             
           directed building inspection functions for the City of Mukilteo,                           
           including structural nuisance inspections, abatement actions, and                          
           condemnations.  Mr. Bennett stated that no order of condemnation                           
           was ever issued to any of the properties in the Mukilteo complex.                          
           In addition, Mr. Bennett stated that, in 1996, when he visited                             
           the Mukilteo complex, he observed that the buildings that housed                           
           the individual condominium units were occupied and performing.                             
           Petitioner did not attempt to refute any of Mr. Bennett's                                  
           statements.  Indeed, petitioner has not been back to Mukilteo,                             
           Washington, since the sale of the five units to Great Bank.                                
           Mr. Bennett's testimony coupled with petitioner's failure to                               
           rebut that testimony is inconsistent with petitioner's assertion                           

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