- 15 - such expenses. Pebley v. Commissioner, T.C. Memo. 1981-701, affd. without published opinion 703 F.2d 576 (9th Cir. 1983). Even if petitioners were to conform the pleadings to the proof, the evidence introduced by petitioners at trial regarding alleged additional business expenses was so unsubstantial that such a motion, if made, would be denied. Goldsmith v. Commissioner, 31 T.C. 56, 63-64 (1958). In any event, with exception of two items that the parties have agreed to, we reject the evidence regarding claimed additional business expenses of Cal Ben.1 Petitioner’s self- serving testimony that Cal Ben's payments from unreported sales deposited into the Lloyds/Sanwa account were used for additional off-the-book partnership expenses was not credible. Copies of checks drawn on the Lloyds/Sanwa account indicate that much of the sales receipts deposited into the Lloyds/Sanwa account was used to make personal investments and to pay personal expenses. Other checks were merely made payable to petitioner Barbara Schachter or to David Karp personally. The names of the payees on many of the checks are illegible. Petitioners did not call as trial witnesses any of the individual payees whose names on the checks are legible to testify as to the purposes of the payments, nor did petitioners 1 At trial, respondent did allow petitioner additional deductible business expenses for consulting payments of $19,502.59 and for truck depreciation.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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