- 34 - 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 reductionsPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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