- 11 -11 elimination of any personal injury claims in the Biomass lawsuit (or otherwise) as being in consideration for the benefits to be received by petitioner (or Weisel). The option agreement provides for agreement to be reached as to strategy and approach to the Biomass lawsuit, but that provision is insufficient to convince us that any of the 7.5-percent payment to Weisel was in consideration for petitioner's giving up any claims. Weisel gave up a greater portion of his partnership interest than did petitioner and may have received the 7.5-percent payment in consideration therefor. Even if we grant that, because of the Weisel-petitioner sharing agreement, petitioner had a one-half interest in the 7.5-percent payment, petitioner has failed to convince us that the 7.5-percent payment was received in consideration for anything other than the partnership interests and other items of consideration set forth in the option agreement. We take the pertinent agreements at face value and accord little weight to petitioner's uncorroborated and self- serving testimony. See Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). In addition, we draw a negative inference from petitioner's failure to present the testimony of any other party to the transactions. Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). In sum, petitioner has failed to convince us thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011