Don C. and Judy Montgomery - Page 24

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                  In this case, therefore, a total of $4,617.78 in 1988,              
             and $23,940.10 in 1989, of H&B's funds was used to pay                   
             expenses related to the Lincoln Mark VII.  Respondent                    
             determined that these amounts constitute income to                       
             petitioners because the Lincoln, at all relevant times, was              
             used by petitioner as his personal vehicle.  Petitioners                 
             bear the burden of proving that respondent's determination               
             in this regard is erroneous.  See Rule 142(a).  We find                  
             that petitioners have failed to satisfy this burden.                     
                  Petitioners argue that these payments do not con-                   
             stitute income to them because the Lincoln was a "company                
             car".  Presumably, petitioners argue that the automobile                 
             was used for H&B's business purposes, or that the payments               
             constitute nontaxable fringe benefits.  We find this                     
             argument unpersuasive.  First, the title to the automobile               
             lists Pet-Don, not H&B, as owner.  Second, petitioners have              
             not shown that petitioner used the automobile for any                    
             purpose benefiting the title holder of the car, Pet-Don,                 
             or the payor of the subject payments, H&B.  Petitioner did               
             not maintain any record of the purposes for which the                    
             automobile was used, nor did he testify that it was used                 
             primarily to further H&B's business purposes.  To the                    
             contrary, petitioner testified that he used a second                     







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