- 15 - 1034. United States v. Sheahan, 323 F.2d 383 (5th Cir. 1963); Stolk v. Commissioner, supra at 353; Bayley v. Commissioner, 35 T.C. 288, 297 (1960). Petitioners acquired 20 The Point on August 31, 1988, and sold it on March 9, 1989. During that period, they spent time at both Mary Street and 20 The Point. The distance between Riverside and Coronado is just over 100 miles, and the round-trip drive time is approximately 4 hours. Petitioners' case rests primarily upon Terry's testimony. We are not required to accept his testimony as gospel, even though it is not controverted. We may take into account whether it is questionable. Kean v. Commissioner, 51 T.C. 337, 343-344 (1968), affd. in part and revd. in part 469 F.2d 1183, 1188 (9th Cir. 1972); Simon v. Commissioner, T.C. Memo. 1981-198. At trial, Terry stated that petitioners believed that 20 The Point became their principal residence as of August 1, 1988. According to Terry, between August 31, 1988, and March 1, 1989, he spent the majority of his time in California at 20 The Point. However, as with most of Terry's testimony on direct examination, leading questions were prevalent,3 resulting in a credibility issue. 3 During the direct examination of Terry, the Court expressed the following concerns: while leading questions are not always objectionable, I can tell you that I give much more credence to the witness' testimony than the attorney's, and when (continued...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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