- 237 - constitute genuine debt, and that interest was not "paid" on Kersting loans within the meaning of section 163. 1. Mr. Kersting's Lack of Credibility In Dixon II, the test case petitioners bore the burden of proof and were required to show by a preponderance of the evidence that respondent's determinations disallowing Kersting interest deductions were erroneous. See Rule 142(a). As discussed below, it is evident the test case petitioners' efforts to satisfy their burden of proof were frustrated by the lack of credibility of their principal witness, Mr. Kersting. Judge Goffe made it abundantly clear in Dixon II, on the bases of both his observations of Mr. Kersting at trial and his review of the record, that Mr. Kersting lacked credibility, particularly his testimony having a bearing on the tax viability of his programs. Examples cited by Judge Goffe as evidence of Mr. Kersting's lack of credibility included his false testimony regarding: (1) The filing of tax returns for Kersting corporations; (2) the reasons behind the closing of Kersting accounts at Hawaii National Bank; (3) the level of Gabriele Kersting's participation in daily corporate operations; (4) the reasons for the frequent creation of new acceptance corporations; and (5) the methods used to value Kersting stock. See Dixon II, 62 T.C.M. (CCH) at 1482, 1484, 1487, 1991 T.C.M. (RIA), at 91- 3024 to 91-3025, 91-3026 to 91-3027, 91-3029 to 91-3031.Page: Previous 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 Next
Last modified: May 25, 2011