- 8 - however, did not show that there was a large balance forward from 2001 that could be used to pay for expenses in 2002. Petitioner claims that there was no large balance forward in her bank account because shortly after she deposited the checks from Jackson Rancheria, she withdrew the money. As part of the initial audit questions, TCO Martin had asked whether petitioner had cash on hand outside of her bank accounts. Petitioner’s representative at that time gave no indication that petitioner had a “cash hoard”. It is well established that the Court is not required to accept petitioner’s self-serving testimony in the absence of corroborating evidence. See Niedringhaus v. Commissioner, 99 T.C. 202, 219 (1992); Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). Moreover, petitioner has the burden of proof. See Rule 142(a). Petitioner’s uncorroborated testimony is insufficient to convince the Court she used her excess 2001 winnings rather than unreported gross receipts from her flea market sales to pay for her gambling losses in 2002. Petitioner did not raise any issues with respect to the remaining income and expense items that TCO Martin used in his cash T analysis. Accordingly, the Court accepts respondent’s conclusion from his cash T analysis that petitioner had excess expenditures ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011