Estate of Haines B. Gaffner - Page 6




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          respect to those issues.  Petitioners introduced no evidence into           
          the record with respect to the additions to tax under sections              
          6651(a) and 6654.                                                           
               With respect to the testimony of Gary Gaffner, we found his            
          testimony to be general, vague, conclusory, and/or confusing in             
          certain material respects.  We are not required to, and we shall            
          not, rely on Gary Gaffner’s testimony to establish petitioners’             
          respective positions on the issues that remain in these cases.              
          See Lerch v. Commissioner, 877 F.2d 624, 631-632 (7th Cir. 1989),           
          affg. T.C. Memo. 1987-295; Geiger v. Commissioner, 440 F.2d 688,            
          689-690 (9th Cir. 1971), affg. per curiam T.C. Memo. 1969-159;              
          Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).                            
               With respect to petitioners’ document, we found that docu-             
          ment to be for the most part nothing more than a conclusory                 
          document reflecting the respective positions of petitioners on              
          the various issues (except for the additions to tax) that remain            
          in these cases.  Although petitioners’ document establishes that            
          during 1996 Mr. Gaffner and/or Ms. Gaffner paid certain amounts             
          that petitioners are claiming as deductions for that year, that             
          document does not establish the respective purposes of those                
          payments.3  We are not required to, and we shall not, rely on               


               3In this regard, Ms. Gaffner made some of those payments               
          during 1996 to certain attorneys.  However, neither petitioners’            
          document nor the testimony of Gary Gaffner establishes the nature           
          of the legal services performed and/or the nature of the expendi-           
                                                             (continued...)           





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