James D. Barber and Betty L. Barber - Page 32




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          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 documentary            






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