- 8 - records, or tax returns with respect to their interest in CME/CMA. Additionally, petitioners did not provide promissory notes evidencing the alleged loans to CMA/CME or books and records reflecting petitioners' lending activities. At trial, petitioner testified that he had some books and records in Florence, Montana. Additionally, at trial, petitioners' counsel stated that, after petitioner sold his interest in CME during 1990, the new owner threw away most of the records. We first examine whether petitioner's advances to CME/CMA were bona fide debt. The parties stipulated that, for petitioner's loans to CME/CMA, notes were prepared establishing interest rates and maturity dates. As to the first bad debt deduction for the worthlessness of advances allegedly made by petitioners to CME/CMA in the amount of $633,897, however, petitioners failed to provide the notes or any other documentary evidence and sought to substantiate the loans only through petitioner's testimony. We are not required to accept petitioner's self-serving and uncorroborated testimony, particularly where other and better evidence to prove the point in question should be available. Wood v. Commissioner, 338 F.2d 602, 605 (9th Cir. 1964), affg. 41 T.C. 593 (1964). Under the circumstances of the instant case, we do not credit petitioner's testimony where it is not corroborated by documentary or other reliable evidence. Consequently, we conclude that petitionersPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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