- 159 - 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 fringePage: Previous 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 Next
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