Daniel J. Culnen - Page 19




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          hearsay objection), we believe that petitioner justifiably                  
          concluded that the content of Culnen & Hamilton’s books was not             
          an issue in this case.  Respondent’s claim that, essentially, the           
          witnesses’ testimony should be disregarded because it is                    
          unsupported is not persuasive.                                              
               Beyond respondent’s claim that petitioner’s witnesses’                 
          testimony is unsupported, respondent makes unsupported,                     
          unpersuasive, and offensive attacks on the credibility of                   
          petitioner and the ethics of his witnesses.  There are legitimate           
          issues in this case, but the ethics of petitioner’s witnesses are           
          not among them.  Respondent has, here, all too clearly relied on            
          the tactic of trial by cross-examination, and that tactic has               
          failed.  A resort to name-calling is not an acceptable fallback             
          position.  We disapprove of that tactic.                                    
               E.  Conclusions                                                        
               We conclude, and find, that petitioner had adequate adjusted           
          basis in his Wedgewood investment to deduct his pro rata share of           
          Wedgewood’s losses for 1987, 1989, and 1990 and his share of the            
          Form 4797 loss (if any).11                                                  


               11   Apparently, respondent’s position is that none of the             
          Wedgewood payments add to petitioner’s adjusted basis in his                
          Wedgewood investment (but see supra note 7).  Petitioner’s                  
          position is that all of the Wedgewood payments add to                       
          petitioner’s adjusted basis in his Wedgewood investment.  We have           
          not made specific findings as to the amount of petitioner’s                 
          adjusted basis in his Wedgewood investment for each of the years            
                                                             (continued...)           





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