- 16 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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