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