- 29 - expenses. Mr. Monson’s testimony related to 1980--a decade before the years in issue and long before petitioner joined the law firm--and Mr. Monson’s testimony was vague. Accordingly, we sustain respondent’s determination on this issue. C. Schedule E Loss Respondent disallowed Schedule E losses petitioner claimed relating to alleged rental real estate because petitioner failed to substantiate the loss and petitioner’s son lived at the property. Taxpayers are required to maintain books and records sufficient to establish the amount of their income and losses. Sec. 6001; DiLeo v. Commissioner, 96 T.C. at 867. As we stated supra, the Court is not required to accept petitioner’s unsubstantiated testimony. See Wood v. Commissioner, supra at 605. We found petitioner’s testimony to be general, vague, conclusory, and/or questionable in certain material respects. Under the circumstances presented here, we are not required to, and do not, rely on petitioner’s testimony to sustain her burden of establishing error in respondent’s determinations. See Lerch v. Commissioner, supra at 631-632; Geiger v. Commissioner, supra at 689-690; Tokarski v. Commissioner, supra at 77. Accordingly, we sustain respondent’s determination on this issue. D. Alleged Embezzlement Section 165(a) allows a deduction for any loss "sustained"Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011