Benjamin H. Smith - Page 6

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          Petitioner argues that although he does not have any documents to           
          evidence the expenses, the fact that he represented two clients             
          in their protracted civil matters necessarily sustains the                  
          legitimacy and accuracy of the claimed expenses.  Petitioner                
          claims the accuracy of these expenses is supported by the                   
          extensive preparation, time, and energy involved, and the                   
          expenditure of huge sums of money for expert testimony,                     
          investigation, medical records, and research, in connection with            
          his cases.  We disagree.                                                    
               This Court has held that unverified oral testimony, with no            
          supporting documentary evidence is not enough.  Hradesky v.                 
          Commissioner, supra.  We consider it incredulous that petitioner            
          could purportedly be so involved with the two civil cases, yet              
          cannot even produce any corroborative evidence to support the               
          expenses he allegedly incurred.  We are cognizant of the                    
          difficulty petitioner may have in reconstructing his expenses.              
          However, petitioner did not even attempt to convince the Court              
          that he made any effort whatsoever to do so.  Petitioner claimed            
          that he expended huge sums of money, for example, to hire expert            
          witnesses to testify.  We are perplexed as to why he did not                
          secure the testimony or affidavits of those expert witnesses to             
          prove that he did pay for their services.                                   








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