Herbert L. Whitehead and Jennifer L. Whitehead - Page 52




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          Essie Whitehead $600 per month,45 and Essie Whitehead used those            
          payments, along with her own funds, to make the monthly mortgage            
          loan payment (which included payment of mortgage interest and               
          property taxes) on the Kirkland property.  (Hereinafter, all                
          references to the monthly mortgage loan payment on the Kirkland             
          property includes payment of mortgage interest and property                 
          taxes.)                                                                     
               To support their position, petitioners rely on Mr. White-              
          head’s self-serving testimony and the testimony of his mother,              
          Essie Whitehead.  We are not required to, and we shall not, rely            
          on Mr. Whitehead’s testimony.  As for the testimony of Essie                
          Whitehead, at trial she indicated that at least during the years            
          at issue Mr. Whitehead and she had a general arrangement between            
          them (purported general arrangement) pursuant to which Mr.                  
          Whitehead was to, and did in fact, contribute $600 per month                
          toward the monthly mortgage loan payment on the Kirkland prop-              
          erty.  The parties stipulated, and we have found, that Mr.                  
          Whitehead did not in fact pay Essie Whitehead $600 every month              





               45The parties stipulated that Mr. Whitehead paid Essie                 
          Whitehead a total of $6,600 for 1996 and $6,622 for 1997.  On the           
          record before us, we find that petitioners have failed to show              
          that Mr. Whitehead paid Essie Whitehead any amount greater than             
          those stipulated amounts.  On that record, we reject petitioners’           
          claim that Mr. Whitehead paid Essie Whitehead $600 per month, or            
          a total of $7,200, during each year at issue.                               





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