Larry Charles Miller - Page 8




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            checking account.  In fact, other than an escrow account,                                  
            petitioner did not maintain any other checking account.                                    
                  Assuming that all the checks in fact relate to storage                               
            expenses, we have only petitioner’s uncorroborated testimony that                          
            the expenses were incurred in carrying on a trade or business as                           
            opposed to personal expenses incurred in anticipation of, and                              
            during, his change of personal residence.  Petitioner testified                            
            that he was requested to provide respondent with information that                          
            would serve to substantiate his claimed office expenses.                                   
            However, petitioner also testified that he did not attempt to                              
            contact Black Horse Self Storage to secure any documentation,                              
            even though he signed a lease agreement with the storage facility                          
            company.  Based on this record, petitioner has not met his burden                          
            and established his entitlement to these claimed deductions.                               
                        (II).  Oriental Rugs and Art                                                   
                  The third office expense at issue relates to items allegedly                         
            purchased by petitioner in 1994.  Petitioner testified that he                             
            purchased three used oriental rugs for $6,050 and art for $1,400                           
            and then placed these items in his Pennsauken, New Jersey and                              
            Philadelphia, Pennsylvania offices.  Petitioner produced copies                            
            of two checks, one payable to Togar, Inc., for $6,050 and one                              
            payable to Lucien Crup for $1,400.  Neither check contained a                              
            notation regarding its intended purpose.                                                   








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