Eugene W. Alpern - Page 10




                                       - 10 -                                         

          records which would have established nondeductible IRA                      
          contributions during, or before, the 1996 taxable year.                     
               In sum, the record is devoid of any evidence regarding                 
          petitioner’s alleged nondeductible IRA contributions except for             
          petitioner's brief self-serving testimony.  We are not required             
          to accept a taxpayer's self-serving, unverified, and undocumented           
          testimony, and we decline to do so here.  See Tokarski v.                   
          Commissioner, 87 T.C. 74, 77 (1986).                                        
               Petitioner failed to establish that he was entitled to                 
          exclude the $6,905 portion of his IRA distributions for 1996 from           
          gross income for the taxable year in issue.  Respondent is                  
          sustained on this issue.                                                    
          Filing Status                                                               
               Petitioner contends that his correct filing status for the             
          1996 taxable year is married, filing separately.  Respondent                
          contends that petitioner’s correct filing status for 1996 is                
          single because petitioner and his wife were divorced on August              
          10, 1992, as evidenced by the Judgment for Dissolution of                   
          Marriage, and petitioner was unmarried during the year in issue.            
               As with the bankruptcy order discussed above, petitioner               
          contends that the divorce judgment of the circuit court was                 
          obtained by fraud and is also void ab initio.  Petitioner claims            
          that the fraud perpetrated in the circuit court included the                







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011