Yarbrough Oldsmobile Cadillac, Inc. - Page 64

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          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.                                 



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