- 11 - testified that she visited CRC once or twice a week, reviewed CRC’s records, and recorded any shareholder advances taken by Tony or Robert. Respondent placed in evidence summary sheets prepared by Conley, McDonald & Sprague, which reflect the amounts Tony owed on his shareholder account. These sheets indicate that when Tony’s CRC shares were redeemed, Tony owed CRC $116,831. Other than Tony’s bald insinuation of impropriety in CRC’s record keeping, petitioners have given us no reason to doubt the validity of Conley, McDonald & Sprague’s summary sheets. We found Tony’s testimony to be vague, uncorroborated, and conclusory in certain material respects. Under these circumstances, we are not required to, and we do not, accept Tony’s testimony. See Lerch v. Commissioner, 877 F.2d 624, 631- 632 (7th Cir. 1989), affg. T.C. Memo. 1987-295; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). In sum, the evidence establishes that petitioners realized $166,831 from Tony’s disposition of his CRC stock. Petitioners have failed to establish any basis in the stock. Accordingly, we conclude that they had a $166,831 capital gain from the stock redemption, and we sustain respondent’s determination that petitioners underreported their capital gains by $116,831. B. Tony’s Stock Car Activity Under section 183(b)(2), if an individual engages in an activity not for profit, deductions relating thereto arePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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