Richard A. Gerstenberger - Page 9




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          tion, we found petitioner's testimony to be evasive, uncorrobo-             
          rated, vague, and/or conclusory in certain material respects.               
          Under these circumstances, we are not required to, and we shall             
          not, rely on petitioner's testimony to sustain his burden of                
          proof in this case.  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).                                                                  
               As for the documentary evidence on which petitioner relies,            
          that evidence establishes that petitioner paid certain amounts              
          for various expenditures.  However, except as discussed below,              
          that documentary evidence does not show that any of those paid              
          amounts is deductible.                                                      
               We address initially petitioner’s contention at trial that             
          he did not file the 1995 return.  The only evidence proffered by            
          petitioner to support that contention is his own self-serving               
          testimony, on which we are unwilling to rely.  Section 6064                 
          provides that “The fact that an individual’s name is signed to a            
          return * * * shall be prima facie evidence for all purposes that            
          the return * * * was actually signed by him.”  We have found that           
          the 1995 return was signed in petitioner’s name.  On the record             
          before us, we find that petitioner has failed to overcome the               








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