- 23 - fraudulently or criminally. Of course, we are not required to accept the self-serving testimony of an interested witness. Tokarski v. Commissioner, 87 T.C. 74, 77 (1986); cf. Jones v. Commissioner, T.C. Memo. 1997-368. In this case, we do not credit Mr. Stein's testimony on this point. The principal argument of the tax matters partner is that execution of the contribution agreement and ratification by themselves constituted an assignment by Mr. Stein and his wife of "all of their right, title and interest in and to 2,000 shares of Saztec to Petitioner." The tax matters partner further describes the contribution agreement as "an immediate assignment of all of Petitioner's right, title and interest in those shares" to the trustee of the subject defined benefit plan. The tax matters partner notes that the 2,000 shares of Saztec stock were held in "street name" in the Steins' account and argues that execution of the contribution agreement was the only act required to transfer ownership of the stock from Mr. and Mrs. Stein to the partnership and from the partnership to the trust. He further argues that, after the contribution agreement was executed, the Saztec stock was placed irrevocably beyond Mr. Stein's personal control, and any action by Mr. Stein with respect to thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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