Lindley Anthony Swanston - Page 7

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          dwelling used exclusively on a regular basis as "the principal              
          place of business" of the taxpayer's trade or business.                     
               Petitioner admitted under cross-examination that, in                   
          addition to the $12,323 Schedule C loss claimed on his 1988                 
          return, he has never realized a net profit from his book-selling            
          activity.  He reported net losses of $17,992, $61,283, and                  
          $7,280, respectively, for 1989, 1993, and 1994.  Except for small           
          amounts of other income petitioner earned from commissions on               
          insurance renewals, his only explanation to the Court as to how             
          his negative cash-flow was financed was that he was on the                  
          accrual basis of accounting, and he carried his accounts on a               
          "continuing basis".  The Court is skeptical that petitioner's               
          creditors would "carry" his unpaid accounts over the several                
          years that he sustained losses.                                             
               Petitioner did not corroborate his testimony to support the            
          positions he asserted.  Under these circumstances, the Court is             
          not required to, and the Court does not, accept such testimony to           
          support petitioner's positions.  See Geiger v. Commissioner, 440            
          F.2d 688, 689-690 (9th Cir. 1971), affg. per curiam T.C. Memo.              
          1969-159; Mills v. Commissioner, 399 F.2d 744, 749 (4th Cir.                
          1968), affg. T.C. Memo. 1967-67; Tokarski v. Commissioner, 87               
          T.C. 74, 77 (1986).  Accordingly, the Court sustains respondent             
          with respect to petitioner's Schedule C activity.                           







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