Jerry and Patricia A. Dixon, et al - Page 161




                                       - 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