- 7 - petitioners’ personal tax returns and whether petitioners could change their method of accounting without permission. Mr. Mitchell testified at trial. Mrs. Mitchell failed to appear, and no witnesses corroborated Mr. Mitchell’s assertions concerning his alleged farm activity. Although a few receipts were produced, the purpose of the expenditures is not apparent from the face of the receipts and was not specifically or adequately explained by Mr. Mitchell. His testimony consisted almost exclusively of attacking respondent’s agents and arguing that he was engaged in farm activity. Mr. Mitchell stated that “we feel that the fact that we live there, that we care for the farm every day is substantiation enough.” His uncorroborated testimony was vague and conclusory and, particularly in view of the belatedness of the claims, is not persuasive. Petitioners have not proven that they have any depreciable basis in any equipment. Respondent suspects that petitioners are now claiming depreciation deductions on the same equipment for which lease payments were previously deducted. The only references in the record pertaining to business equipment relate to lease/purchase agreements, and respondent’s suspicion that petitioners have already deducted the lease payments on the same equipment is not, as petitioners’ contend, “a ludicrous statement”. Although Mr. Mitchell denies that the equipment depreciated is the same as that for which deductions were already taken, he has not presented any evidence substantiating eitherPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011