- 64 - Elvin or by Yarbrough Leasing to YOC relating to the Sylva Residence. The adjustments relating to the travel and entertainment expenses are not attributable to fraud. There is some evidence that indicates that General Motors encouraged Elvin to entertain customers and that Elvin in fact entertained prospective customers and repeat customers. We sustained respondent's adjustments relating to travel and entertainment expenses because petitioners did not offer adequate substantiation. Respondent has not met her burden of proving that the adjustments relating to the travel awards are attributable to fraud. Petitioners argue that the trips to Europe represented business travel and that Elvin attended meetings relating to the automobile business. Although it may have been negligent for Elvin to exclude these travel awards from his income, we do not, in this case, believe it was fraudulent. The remaining adjustments for 1983, 1984, 1985, and 1986 relate to YOC's payment of Elvin's personal expenses and to other benefits that YOC provided to Elvin.3 The schedules supra pp. 22-24 reflect the inherently personal nature of many of these expenses. We conclude that respondent has met her burden of 3 These adjustments include employee benefits expense, utilities expense, company vehicle expense, miscellaneous expense, repair expense, outside services expense, depreciation, salary expense, interest expense, demonstrator vehicles, and improvements to Elvin's personal residence.Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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