J.J. Zand - Page 75

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          failed to show that the automobile-related expenses and                     
          depreciation claimed are deductible.  Furthermore, on his income            
          tax returns, petitioner claimed deductions for automobile                   
          expenses and automobile depreciation, not fringe benefits taxable           
          as compensation to his employees.  His position did not change              
          through trial.  But, on brief, petitioner cites cases and                   
          sections of the Internal Revenue Code that hold that an                     
          employee's use of an employer-provided automobile is compensation           
          to the employee, and that the employer is entitled to a deduction           
          for providing automobiles to his employees.  However, petitioner            
          presented no evidence that the use of the automobiles by the                
          employees was intended as compensation.  There is no evidence               
          that the employees' Forms W-2 included an amount for automobile             
          usage, or that the employees were issued any other income                   
          documents to reflect compensation received as a result of the use           
          of the automobiles.  None of the employees who testified about              
          their use of the automobiles provided by petitioner claimed that            
          any usage of the automobile was to be treated as compensation.              
          We view petitioner's belated argument that the automobile                   
          expenses are taxable as fringe benefits to employees as having              
          been made because of his inability to show that the automobiles             
          were used in his trade or business.  In short, this fringe                  









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