William G. and Debra C. Kellen - Page 20




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         Commissioner, T.C. Memo. 2001-183; Carmena v. Commissioner, T.C.             
         Memo. 2001-177; Nilsen v. Commissioner, T.C. Memo. 2001-163;                 
         Fawson v. Commissioner, T.C. Memo. 2000-195.  Petitioner, an                 
         experienced attorney, should have understood the legal                       
         ramifications of the license agreement canceling the R&D                     
         contract.                                                                    
              Second, we are unable to accept uncritically petitioner’s               
         contention that he invested in San Nicholas solely to earn a                 
         profit.17  Rather, at the time that he signed the subscription               
         agreement, petitioner believed that his investment in San                    
         Nicholas offered tax benefits, and his decision to invest was                
         influenced by that belief.                                                   
              Third, we do not think that petitioner, a well-educated and             
         successful attorney and a sophisticated investor, exercised due              
         care at the time that he signed the subscription agreement.  In              
         this regard we are again unable to accept uncritically                       
         petitioner’s contention that he reasonably relied on the offering            
         memorandum.  The short answer to this contention is that                     

               17 It is the duty of the Court to listen to testimony,                 
          observe the demeanor of witnesses, weigh the evidence, and                  
          determine what to believe.  The Court is not required to accept             
          testimony at face value, and the Court may discount a party’s               
          self-interested testimony and place reliance on other evidence              
          that is believed to be more reliable.  See Christensen v.                   
          Commissioner, 786 F.2d 1382, 1383-1384 (9th Cir. 1986), affg. in            
          part and remanding in part T.C. Memo. 1984-197; Niedringhaus v.             
          Commissioner, 99 T.C. 202, 212 (1992); Duralia v. Commissioner,             
          T.C. Memo. 1994-269; see also Tokarski v. Commissioner, 87 T.C.             
          74, 77 (1986).                                                              





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