- 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011