Glenn S. Hodges - Page 8

                                        - 8 -                                         
          sold at a loss.  See, e.g., section 1015(a), which provides that            
          the basis of property acquired by gift is the same in the hands             
          of the donee as it was in the hands of the donor, except that, if           
          such basis exceeds the fair market value of the property at the             
          time of the gift, then, for purposes of determining loss, the               
          basis shall be such fair market value.  In general, the basis of            
          property received by bequest is the fair market value of the                
          property on the date of death of the decedent.  See sec.                    
          1014(a)(1).  The basis of property received by purchase is its              
          cost.  See sec. 1012.                                                       
               For the reasons that follow, we do not find petitioner’s               
          wife’s testimony as to the origin of the securities in                      
          petitioner’s hands to be credible, and we give it no weight.                
          First, her testimony was self-serving (in that we assume, as                
          petitioner’s wife, she has an economic stake in the outcome of              
          this case).  We need not accept self-serving testimony, even if             
          unopposed.  Fleischer v. Commissioner, 403 F.2d 403, 406 (2d Cir.           
          1968), affg. T.C. Memo. 1967-85; see also Tokarski v.                       
          Commissioner, 87 T.C. 74, 77 (1986) (“Under all the                         
          circumstances, we are not required to accept the self-serving               
          testimony of petitioner or that of his mother as gospel.”).                 
          Second, with respect to the securities that she testified were              
          received by bequest from petitioner’s grandmother, her testimony            
          involved two crucial facts: one, the fact of the grandmother’s              






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011