- 24 - 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 secondPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011