Allen and Mary Doxtator - Page 22

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          and $5,000 of Melinda Doxtator's money.  For reasons that are not           
          clear, Mr. Doxtator contended that this arrangement resulted in             
          petitioners' having a 40-percent share of any gain, but then                
          persisted in claiming that "any gain went to her [Melinda                   
          Doxtator]".  On brief, petitioners contended for a different                
          version of the arrangement; namely, that the money for the                  
          investment in the stocks was 28 percent from petitioners' funds,            
          14 percent from a friend (Pearl McLester, mentioned for the first           
          time on brief), and 71 percent from Melinda Doxtator.15  As was             
          true of the first version, petitioners offer no explanation                 
          concerning why, if they contributed a share of the invested                 
          funds, no portion of the gain was theirs.  Although Mr. Doxtator            
          testified that all gains in 1999 were paid over to Melinda                  
          Doxtator, he offered no evidence to corroborate this contention.            
          We are not required to accept Mr. Doxtator's uncorroborated,                
          self-serving testimony, and we do not.  See Niedringhaus v.                 
          Commissioner, 99 T.C. 202, 212 (1992); Tokarski v. Commissioner,            
          87 T.C. 74, 77 (1986).  Second, petitioners' varying positions              
          regarding the source of the investment funds may reflect the fact           
          that their claim that Melinda Doxtator's $5,000 contribution                
          entitled her to "most" or "all" of the resulting gain cannot be             

               15 Aside from the facial contradiction in this later version           
          of the allocation (the portions of which total 113 percent),                
          unsupported statements in a brief do not constitute competent               
          evidence.  Rule 143(b); Niedringhaus v. Commissioner, 99 T.C.               
          202, 214 n.7 (1992); Viehweg v. Commissioner, 90 T.C. 1248, 1255            
          (1988); Castro v. Commissioner, T.C. Memo. 2001-115.                        




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