Mohan Roy, M.D., Inc. - Page 10

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               of any patients who were attracted to * * * [the] medical              
               practice by virtue of the leasing of the Rolls Royce.                  
          Id.                                                                         
               With regard to the instant case, the corporate petitioner has          
          not established that the Rolls Royce resulted in patient referrals.         
          In this regard, there was no testimony from any referring physician         
          that business was sent to Roy, Inc. because of the Rolls Royce.5            
          See Henry v. Commissioner, supra at 884.  Additionally, Mohan Roy's         
          testimony that he thought the Rolls Royce would discourage patient          
          referrals and thus sought to sell it at an appropriate time                 
          undermines any claim that the automobile was an ordinary and                
          necessary expense to Roy, Inc.  The limited use of the Rolls Royce          
          (about 5,000 miles during 4 years) and the fact that the vehicle            
          was principally garaged at the Roys' personal residence also                
          defeats the corporate petitioner's claim that the expenses were             
          ordinary and necessary.                                                     
               Further, the corporate petitioner has not substantiated the            
          business use of the Rolls Royce, pursuant to section 274(d), for            
          the years in issue.  To satisfy the substantiation requirements,            
          taxpayers must produce records that detail the use of automobiles           
          for business purposes through mileage logs or other business                
          records which corroborate the taxpayers' own testimony.  Sec.               


               5    Roy, Inc.'s former office manager testified that she              
          was unaware of any patients referred to Roy, Inc. because of                
          Mohan Roy's use of the Rolls Royce.                                         




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