Mohan Roy, M.D., Inc. - Page 14

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          the fair rental value of the Rolls Royce was $85 to $98 per day.6           
          However, his testimony in this regard was self-serving and                  
          uncorroborated, and he failed to specify how many days he drove the         
          automobile.  Likewise, respondent failed to present any evidence as         
          to the fair rental value of the Rolls Royce.  In this regard, at            
          trial, we rejected (as not relevant) the testimony of respondent's          
          expert witness regarding the fair rental value of a Rolls Royce in          
          1997 because the years in issue were 1991 through 1994.  Thus, the          
          record is completely devoid of the fair market value of the Rolls           
          Royce for the years at issue.  Therefore, we will rely on the               
          actual operating expenses paid by the corporate petitioner to               
          maintain the Rolls Royce to determine the amount of constructive            
          dividends paid to the individual petitioners. See Ross v.                   
          Commissioner, T.C. Memo. 1990-23; see also Cirelli v. Commissioner,         
          82 T.C. 335, 352 (1984); Tyson v. Commissioner, supra.                      
               Mohan Roy testified that the insurance premiums paid by Roy,           
          Inc. with respect to the Rolls Royce were included in his salary as         
          a Roy, Inc. employee.  The accountant who prepared the 1994 Federal         
          income tax returns for both Roy, Inc. and the Roys also testified           
          that insurance premiums paid by Roy, Inc. were included in Mohan            

               6    Mohan Roy reached this figure by estimating the annual            
          cost of a 3-year lease on a $188,000 1997 Rolls Royce and                   
          dividing that by 365 days.                                                  








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