- 20 - as true the uncorroborated testimony of petitioner. See Davis v. Commissioner, 88 T.C. 122, 141 (1987), affd. 866 F.2d 852 (6th Cir. 1989); Estate of DeNiro v. Commissioner, 795 F.2d 582, 584 (6th Cir. 1986), revg. T.C. Memo. 1985-128. Petitioner's testimony, however, generally was credible, and we rely on petitioner's testimony as it was supported by the record. See Diaz v. Commissioner, 58 T.C. 560 (1972) (basing analysis upon evaluation of the entire record and the credibility of witnesses); see also Estate of Neff v. Commissioner, T.C. Memo. 1997-186. In the instant case, respondent relies on the settlement checks which were made out to petitioner's law firm. The evidence in the record indicating where the proceeds from those checks went supports petitioner's explanation that, with certain exceptions,4 Mr. Yoon converted the proceeds to his own use without petitioner's knowledge. We conclude, therefore, that the settlement checks cashed without petitioner's knowledge did not constitute income to petitioner within the meaning of section 61. Cf. Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 431 (1955). The Mitsui Manufacturers Bank Client Trust Account 4 Petitioner admits that he authorized Mr. Yoon to cash certain of the disputed checks, namely items 1, 2, 9, 13, 15 and 16. Petitioner contends that although up to one-third of the gross amount of these checks could constitute gross receipts of the firm, any such amount was given to Mr. Yoon as compensation. Petitioner has failed to prove that any amount was paid as compensation to Mr. Yoon.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011