- 7 - Respondent relies on the Web site certified mail document, the certified mail list, and the literal transcripts to establish that on September 2, 2003, petitioner was mailed, via certified mail, a hearing notice for 1994, 1995, 1996, and 1997 to the Shorewood address. Petitioner admitted that the address listed on the Web site certified mail document and certified mail list is, and was in September 2003, his correct address. The Web site certified mail document, the certified mail list, and the literal transcripts are consistent and corroborate that respondent mailed petitioner, via certified mail, the hearing notice no later than September 2, 2003. Petitioner claims that he did not receive the hearing notice. Petitioner’s testimony is inconsistent with the documentary evidence in the record. Orum v. Commissioner, 123 T.C. 1, 9 (2004), affd. on other grounds 412 F.3d 819 (7th Cir. 2005). The Court is not required to accept petitioner’s unsubstantiated testimony. See Wood v. Commissioner, 338 F.2d 602, 605 (9th Cir. 1964), affg. 41 T.C. 593 (1964). The Court need not accept at face value a witness’s testimony that is self- interested or otherwise questionable. See Archer v. Commissioner, 227 F.2d 270, 273 (5th Cir. 1955), affg. a Memorandum Opinion of this Court; Weiss v. Commissioner, 221 F.2d 152, 156 (8th Cir. 1955), affg. T.C. Memo. 1954-51; Schroeder v. Commissioner, T.C. Memo. 1986-467. After observing petitioner’sPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011