Richard K. and Christine M. McGirl - Page 16

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          McGirl testified that he kept the auto logs underneath the front            
          seat of his automobile, but the individual pages of the logs are            
          in pristine condition, totally inconsistent with that manner of             
          storage.  The auto logs indicate Mr. McGirl's lack of                       
          credibility.  We find that petitioners have not proven that the             
          Yogurt Station is entitled to automobile expense deductions in              
          excess of those allowed by respondent.                                      
          2.  Unreported Income                                                       
               Mr. McGirl's explanation of the underreporting of the Yogurt           
          Station's gross receipts revolves around an alleged business                
          activity that was not reported on the Yogurt Station's or                   
          petitioners' tax returns and purported loans used to finance the            
          alleged activity.                                                           
               a.  Mr. McGirl's Alleged Restaurant Equipment Business                 
               Mr. McGirl testified that he carried on a business6 totally            
          apart from the Yogurt Station; i.e., the sale of used restaurant            
          equipment and maintenance of refrigeration equipment.  He                   
          allegedly bought used restaurant equipment at auctions, sometimes           
          cleaned and fixed it up, and sold the equipment to bars and                 
          restaurants.  This business had no fixed location; Mr. McGirl               
          supposedly would stop by bars and restaurants and offer to sell             
          them the used equipment or to perform maintenance on their                  
          refrigeration equipment.  All of the alleged business activity              


          6  The use of the term "business" is for convenience only and               
          does not imply a finding that any such business existed.                    



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