Thomas Lee Woodall - Page 10




                                       - 10 -                                         
               Petitioner claims that none of the deposits into the Manila            
          Accounts during 1992, 1993, and 1994 were his income “except for            
          $36,000 to $38,000" from which he made intrabank transfers to his           
          personal account at Cullen Bank.  Petitioner relies on his own              
          self-serving testimony to support this conclusion.  Petitioner’s            
          testimony was questionable, vague, conclusory, and unsupported by           
          the evidence in the record.  Under these circumstances, we are              
          not required to, and do not, rely on petitioner’s testimony to              
          sustain his burden of establishing error in respondent’s                    
          determinations.  Lerch v. Commissioner, 877 F.2d 624, 631-632               
          (7th Cir. 1989), affg. T.C. Memo. 1987-295; Tokarski v.                     
          Commissioner, supra at 77.                                                  
               Petitioner had dominion and control over the Manila                    
          Accounts.  Petitioner had the power to make withdrawals out of              
          the Manila Accounts.  His Social Security number was the only one           
          on the Manila accounts, his name was on the Manila Accounts, he             
          was one of two signatories on the Manila accounts, and his                  
          business address was on the Manila Accounts.  Petitioner made               
          intrabank transfers into and out of the Manila Accounts and wired           
          money domestically and overseas from the Manila Accounts.                   
               There is, however, documentary evidence suggesting that five           
          deposits into the Manila Accounts are not income to petitioner.             
          The revenue agent’s work papers were submitted as evidence.  For            
          1993, the revenue agent listed as deposits into Cullen #226 a               






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