- 23 - McGirl made up the numbers he provided Mr. Lauth to prepare the Yogurt Station's corporate tax returns. At trial, petitioners put into evidence check spreads that summarized their business checking account activity by year.11 Other than for attorney's fees, petitioners failed to provide any invoices, receipts, or other documentary evidence to substantiate the claimed increased deductions. Petitioners testified at trial as to the business purpose of checks to most payees. We must decide if the check spreads, coupled with petitioners' testimony, adequately substantiate the increased expenses. We note at the outset that petitioners do not wish to substitute their check spread category totals for all the deductions claimed on the Yogurt Station's corporate tax returns; they only want to substitute selected categories. This selective use of the check spread ignores the expenses on the Yogurt Station's corporate tax returns that are greater than the check spread totals. For example, the Yogurt Station's 1989 corporate tax return has a deduction of $8,478 for taxes; the 1989 check spread lists total taxes of $6,618. There are basic problems with the check spreads. Without receipts, we are left with petitioners' self-serving testimony 11 Respondent made a hearsay objection to petitioners' introduction of the check spreads into evidence. This objection was renewed on brief. As a practical matter, when the substantiation of 3 years of expenses is at issue and copies of all checks are in evidence, summarizing the check activity does assist the Court. Fed. R. Evid. 1006. We shall treat these check spreads prepared by petitioners as admissible evidence.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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