- 55 -
list of the bonds that petitioner sought to introduce into
evidence, totaled $162,050, according to respondent's
agent, of which $12,450 had not been redeemed at the time
of trial. On the other hand, petitioner proposed the
following finding of fact which states that bonds totaling
$180,500 were cashed prior to April 1980:
141. Agent Sullivan testified bonds were cashed
prior to April, 1980 (Tr. 566) in the following
amounts and years:
1971 $ 500
1974 82,000 [82,700]
1975 36,600
1976 5,500
1979 500
1980 54,700
There are also outstanding evidentiary issues, such
as whether the list of bonds, referred to above, can be
accepted into evidence as the past recollection recorded
of Mrs. London under rule 803(5) of the Federal Rules of
Evidence. In passing, we note that we found Mrs. London's
testimony, regarding the gifts that her family received
from her husband's mother, to have been vague, self-
serving, and not credible. Of course, we are not obligated
to accept such testimony. See Tokarski v. Commissioner, 87
T.C. 74, 77 (1986).
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