Mary K. Fisher and Charles F. Patterson, et al. - Page 21

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          startup expenses on petitioners' respective 1988 returns by                 
          introducing a completed Form 4562, Depreciation and Amortization,           
          as well as accompanying work papers purportedly drafted while               
          preparing petitioners' 1988 returns.  Petitioner did not provide            
          respondent with these documents prior to trial.                             
               We are troubled by petitioners' failure to provide                     
          respondent with the documentation concerning their election to              
          amortize startup expenses until the date of trial.  Nevertheless,           
          we have reviewed these documents and find them insufficient for             
          the purposes of satisfying petitioners' burden, particularly when           
          the record does not contain petitioners' 1988 returns.  We are              
          not required to accept petitioner's self-serving testimony.                 
          Masters v. Commissioner, 243 F.2d 335, 338 (3d Cir. 1957), affg.            
          25 T.C. 1093 (1956); Tokarski v. Commissioner, 87 T.C. 74, 77               
          (1986).  We find that petitioners have failed to meet their                 
          burden of proving that they executed a timely election to                   
          amortize startup expenditures.  Therefore, petitioners are not              
          entitled to amortize the startup expenditures claimed during the            
          years in issue.  Krebs v. Commissioner, T.C. Memo. 1992-154.                
               In addition to finding that petitioners failed to execute a            
          timely election, we also agree with respondent's second argument.           
          In an attempt to substantiate their purported startup                       
          expenditures, petitioners have offered a list of the various                
          expenditures incurred between 1982 and January 1, 1988, the date            
          on which they officially commenced operation of Arabian Hill.               




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