- 27 - same.” See also United States v. Tauferner, 407 F.2d 243 (10th Cir. 1969); Smith v. Warren, 388 F.2d 671 (9th Cir. 1968); Bunevith v. Commissioner, 52 T.C. 837 (1969), affd. without published opinion 25 AFTR 2d 935, 70-1 USTC par. 9414 (1st Cir. 1970). Petitioner offered conflicting testimony at trial as to whether his airplane was used for commuting. At one point, he testified: “I do go from the home office to the airport for transportation by plane to Burbank where my other office is and have a car at the airport in Burbank to link up with that airport and my office there.” He then attempted to change this testimony: “I usually leave on a Friday afternoon from the medical office in Fresno and go to the Burbank office. It’s mainly office to office commuting.” After trial, petitioner attempted to clarify his testimony with a self-serving hearsay declaration submitted with his reply brief. Petitioner states in the declaration that he never travels directly from his home to Burbank but instead always leaves from his Fresno office. We decline to consider petitioner’s declaration submitted after trial. The statements are hearsay and untimely, and we do not find the statements in the declaration to be credible in light of petitioner’s spontaneous trial testimony.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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