Herbert L. Whitehead and Jennifer L. Whitehead - Page 27




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          tions claimed by petitioners, deductions are strictly a matter of           
          legislative grace, and petitioners bear the burden of proving               
          that they are entitled to any deductions claimed.  INDOPCO, Inc.            
          v. Commissioner, 503 U.S. 79, 84 (1992).                                    
          The Court’s Evaluation of Evidence in                                       
          the Record on Which Petitioners Rely                                        
                                                                                     
               Petitioners rely on certain testimonial and documentary                
          evidence to support their positions with respect to the various             
          issues in this case.                                                        
               Testimonial Evidence                                                   
               At trial, petitioners called themselves, Mr. Smith, and                
          Essie Whitehead as witnesses.  With respect to the testimony of             
          petitioners, based on our observation of each petitioner at                 
          trial, including our observation of each petitioner’s demeanor,             
          we did not find either of them to be credible.  We also found Mr.           
          Whitehead’s testimony to be conclusory and/or uncorroborated by             
          reliable evidence in certain material respects.  While we found             
          Ms. Whitehead’s testimony to be specific in certain respects, we            
          found her testimony about certain material matters to be general,           
          vague, and/or conclusory.                                                   
               With respect to Mr. Smith’s testimony,20 based on our obser-           


               20Although petitioners do not explicitly rely on brief on              
          the testimony of Mr. Smith, the individual who prepared petition-           
          ers’ joint returns for the years at issue, at trial they relied             
          on his testimony to support their respective positions with                 
          respect to certain of the issues in this case.                              





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