- 32 - Commissioner, 43 F.3d 788, 789-790 (2d Cir. 1995), affg. T.C. Memo. 1993-621; Goldman v. Commissioner, supra; Freytag v. Commissioner, supra. In making the investment in Whitman, petitioner contends that he reasonably relied on the advice of two individuals, namely, his brother and Winer. A. Petitioner’s Reliance on Winer Petitioner contends that before he invested in Whitman, he had a history of investing with Winer and that such investments were financially successful. Therefore, petitioner argues, he was justified on relying on Winer’s advice in deciding to invest in Whitman. We disagree. Although the record demonstrates that petitioner did invest in several Winer-promoted investments from 1979 to 1981, there is no evidence, other than petitioner’s unsupported allegation, that such investments were financially successful. In this regard, it is well established that the Court is “not required to accept the self-serving testimony of petitioner * * * as gospel.” Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). See Niedringhaus v. Commissioner, 99 T.C. 202, 219-220 (1992). It should have been a simple matter for petitioner to produce documentary evidence (e.g., investment reports, prior years’ tax returns) to support his allegation. However, he did not. In this regard, it is also well established that a party’s failure to introduce documentaryPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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