Allied Marine Systems, Inc. - Page 13

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               We agree with respondent.  Petitioner testified that he used           
          a reconstruction in preparing his 1988 Form 2106.  Petitioner               
          could not recall, however, whether the reconstruction that was              
          received into evidence was the same reconstruction that was used            
          in preparation of his 1988 Form 2106 or when the reconstruction             
          that was received into evidence was prepared.  If the                       
          reconstruction was not the one used in preparing the return,                
          there is no explanation for the missing more contemporaneous                
          record.  In his brief, petitioner acknowledges the difficulty of            
          recalling details occurring 7 years before the trial, and a                 
          recent reconstruction would inherently be susceptible to error.             
          We are not persuaded that the reconstruction is reasonable or               
          reliable.                                                                   
               Petitioner's testimony regarding the claimed parking fees              
          and tolls is likewise vague and unconvincing.  Petitioner's                 
          claimed parking fees were based on "an average trip".  Petitioner           
          did not introduce any evidence or testify as to the specific                
          number of airport fees (for landing and parking petitioner's                
          airplanes) or to the number of vehicle parking fees that were               
          included on his 1988 Form 2106.  Furthermore, petitioner did not            
          attempt to reconstruct any of the claimed parking fee expenses.             
               Respondent's determination that petitioner is not entitled             
          to employee business expenses will be sustained.                            








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