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