- 7 - Memorandum Opinion of this Court dated Mar. 13, 1953; Wichita Terminal Elevator Co. v. Commissioner, 162 F.2d 513, 516 (10th Cir. 1947), affg. 6 T.C. 1158, 1164 (1946); Cluck v. Commissioner, 105 T.C. 324, 338 (1995); Bruno v. Commissioner, T.C. Memo. 1990-109. Generally, the Court is not required to accept the self-serving testimony of interested parties. See Day v. Commissioner, 975 F.2d 534, 538 (8th Cir. 1992); Geiger v. Commissioner, 440 F.2d 688, 689-690 (9th Cir. 1971), affg. per curiam T.C. Memo. 1969-159; Sharwell v. Commissioner, 419 F.2d 1057, 1060 (6th Cir. 1969), vacating and remanding on other issues T.C. Memo. 1968-89; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986); Surloff v. Commissioner, 81 T.C. 210, 239 (1983). Petitioner argues that the annuity trust constituted a valid business entity that should be recognized for Federal income tax purposes and that gain from sale of the pizza business to Beagley and Lundell should be charged to petitioner only as annuity payments are received by petitioner and his wife beginning in the year 2023. Respondent contends that the annuity trust constituted a sham trust that lacked economic substance, that the annuity trust was used only for tax avoidance purposes, and that proceeds received in 1994 relating to sale of the pizza business to Beagley and Lundell should be charged to petitioner. We agree with respondent.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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