Richard K. and Christine M. McGirl - Page 23

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          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.               



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