- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011