- 53 - Pont, 308 U.S. 488, 495-496 (1940). Ordinarily, an expense is necessary if it is appropriate and helpful to the operation of the taxpayer's trade or business. Commissioner v. Tellier, 383 U.S. 687, 689 (1966); Carbine v. Commissioner, 83 T.C. 356, 363 (1984), affd. 777 F.2d 662 (11th Cir. 1985). To substantiate their claimed deductions for automobile expenses, petitioners rely on the testimony of Mr. Katerelos and a document he prepared three weeks prior to the trial herein that purports to reconstruct in very summary fashion the business use of his automobile (summary). We are unwilling to rely on the testimony of Mr. Katerelos or on the document he prepared in anticipation of trial to prove either (1) that petitioners actually incurred such expenses or (2) that if such expenses were incurred, they were ordinary and necessary expenses with respect to petitioners' business, NDV. With respect to Mr. Katerelos' testimony regarding the automobile expenses at issue, in addition to our having found that his testimony is generally not credible, his testimony with respect to his use of an automobile for NDV's business is in conflict with an insurance application he signed in May 1988 for the Lincoln that he claims he used for business purposes through- out 1987 and during 1988 until he purchased a 1987 Cadillac. In that application, the box marked "no" was checked in response to a question as to whether the Lincoln was used for businessPage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
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