Fountain Valley Transit Mix, Inc. - Page 17

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          in the leases between A&A and April Leasing, and between Elissa             
          Leasing, and Stacey Leasing, and other companies owned and                  
          controlled by the Cailliers.  The record does not show that                 
          petitioner deducted tire expenses for prior years or whether the            
          other companies related to petitioner deducted tire expenses for            
          years prior to 1990.  Petitioner's prior two Federal income tax             
          returns listed only truck maintenance expenses in general and did           
          not specify any amounts as tire expenses, and petitioner offered            
          no proof that prior purchases were made or deducted by                      
          petitioner.  Respondent's agent, in reviewing the books and                 
          records of petitioner for years prior to 1990, found no payment             
          of tire expense or deduction taken for such expense.  Kurt                  
          Caillier testified that had he known that the tire replacement              
          clause put the burden of providing tires on Nikki's, the lease              
          rate would have been higher, but this statement was not supported           
          by other evidence in the record, such as by lease rates of other            
          companies or of petitioner's related companies.  Petitioner has             
          offered no evidence other than the testimony of Kurt Caillier.              
               There are numerous other deficiencies in the evidence.  Kurt           
          Caillier testified that he did not read the lease carefully                 
          before he signed it, but he did not testify as to who furnished             
          the drafter of the lease with the information that caused this              
          clause to be put in the lease.                                              
               The record shows that Mr. Chris Pisano, the general manager            
          of petitioner, signed the truck rental lease on behalf of                   




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