- 11 - agreement entered into by BERM. There was no attempt to renegotiate these contracts on behalf of Kramer Hospitality.5 See Haley Bros. Constr. Corp. v. Commissioner, 87 T.C. 498, 515- 516 (1986). Petitioner has failed to show that a liquidating distribution of BERM’s assets occurred in 1994. Petitioner has not offered any corroborating evidence, besides his testimony, to establish that any distribution, liquidating or nonliquidating, occurred in 1994. It is well settled that we are not required to accept a taxpayer’s self-serving testimony in the absence of corroborating evidence. See Niedringhaus v. Commissioner, 99 T.C. 202, 212 (1992). Assuming arguendo, that petitioner did attempt to distribute BERM’s assets to himself, Illinois law prohibits such a distribution if the corporation is insolvent. See 805 Ill. Comp. Stat. 5/9.10(c)(1). After reviewing BERM’s bank accounts, corporate tax returns for 1994, Forms 1120 and 1120X, and petitioner’s testimony, we find that BERM could not make a liquidating distribution, as petitioner suggests, because it was insolvent at that time.6 5 Petitioner testified that he conferred with his agent about the insurance contracts and it was “kind of a calculated decision” to maintain BERM’s insurance due to the insufficiency of his personal cash flow. 6 According to BERM’s Form 1120, U.S. Corporation Income (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011