- 25 - personal expense, which is not deductible under section 162(a).8 We agree with respondent. Although Holland America used the solarium to experiment with growing Echinacea at some point during FYE 1993, petitioners failed to convince us that the new solarium was used primarily for business during FYE 1993 or that it was used primarily for business purposes thereafter. Petitioners produced several photographs which showed the new solarium almost completely empty, demonstrating neither a business purpose nor a personal purpose for the new solarium. The record was remarkably silent regarding the business use of the new solarium after September 30, 1993. Although both Mr. and Mrs. Dobbe testified that the new solarium was not used for personal purposes in 1993, we did not find their testimony convincing on this point. We are not required to accept petitioners’ self-serving, undocumented testimony. See Wood v. Commissioner, 338 F.2d 602, 605 (9th Cir. 8In his notice of deficiency respondent determined in the alternative that if any part of the solarium costs was incurred primarily to benefit the business of Holland America, it is a capital expenditure that is not deductible but is subject to depreciation under the MACRS guidelines with a 27.5-year recovery period. The record does not contain any evidence as to the useful life of the solarium, nor does the record disclose how Holland America had any depreciable interest in the solarium. Holland America did not own the residence that the solarium improved, nor did it have a leasehold interest with respect to the residence. We need not decide whether the solarium expense must be capitalized because of our holding, infra, that the cost of constructing the solarium was not incurred for the primary benefit of Holland America.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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