- -17 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 ofPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011