- 18 - his and his wife's many credit cards to make purported charges at the auto shop. If so, the auto shop would then have been paid by the credit card company for the charges, less of course the usual discounts or fees charged by a credit card company to the merchant (i.e., the auto shop); petitioners however would still be liable to the credit card company for the full amount of the purported charges. Assuming these "credit card loans" generated funds (through float, delays in payments, failure to pay the credit card company, etc.), there is nothing in the record to show that the deposits to the auto shop bank account came from any such "credit card loans". Without some tracing of funds through the auto shop records, without some evidence that the auto shop paid the expenses of the J car and did not deduct such expenses either on petitioner's Schedule C's when the business was operated as a sole proprietorship or on the corporation's tax returns once the business was incorporated, there are simply too many uncertainties for the Court to accept petitioner's self- serving, generalized, and unsupported testimony. The Court is satisfied that some expenses were incurred over the years in designing and building the J car. The Court is not satisfied that petitioner personally bore these expenses or has any basis in the J car. The auto shop checkbook deposits cannot with any reasonable certainty be tied to any costs that petitioner incurred. As we have stated previously,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011