Shigenori Kudo and Motomi Kudo, et al. - Page 34

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          deposits of $55,979.  Respondent now concedes that the adjustment           
          for 1990 should be reduced to $42,506.  The record is silent as             
          to the ground for the reduction.  For 1991, respondent determined           
          that the Kudos had unreported income as shown by unexplained bank           
          deposits of $57,795.  Respondent now concedes that $625 of the              
          unexplained deposits came from a nontaxable insurance payment and           
          that $4,132 came from nontaxable tax refunds.  Thus, the amount             
          at issue for 1991 is $53,011.                                               
               The Kudos testified that they received some insurance                  
          reimbursements and contributions from relatives for medical                 
          expenses of their son Nicholas.  However, the testimony was not             
          specific as to amounts, sources, or dates.  Similarly, Motomi and           
          Scott testified that they periodically received gifts from                  
          relatives in Japan for holidays and other celebrations.  Motomi             
          also testified that she sometimes wrote checks to pay bills for             
          tenants of the apartments and restaurant employees who did not              
          have bank accounts, and they gave her the cash.  She also paid              
          her parents' gardener when they traveled and was repaid in cash             
          when they returned.  Again, the testimony was vague.  The Court             
          is not required to accept unsubstantiated testimony.  Geiger v.             
          Commissioner, 440 F.2d 688, 689-690 (9th Cir. 1971), affg. per              
          curiam T.C. Memo. 1969-159.                                                 
               Nevertheless, we believe that the Kudos did receive some               
          amounts of this nature and that those amounts were deposited in             
          the bank.  We thus find that the Kudos are entitled to reductions           




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