- 17 - aircraft traveled. One of the columns in the flight logbooks is entitled “PROCEDURES-MANEUVERS”. Petitioner contends that he contemporaneously listed the business purpose of each flight in the flight logbooks by making notations in the PROCEDURES- MANEUVERS column. Of the approximately 460 flights listed in petitioner’s flight logbooks, however, only slightly over half have accompanying notations in the PROCEDURES-MANEUVERS column. The notations that do exist are generally indecipherable and do not enable the Court to determine the business purpose of the subject flights.9 Petitioner’s testimony, whereby he attempts to supplement or explain the documentary evidence, we do not find reliable or trustworthy. Petitioner also offered the testimony of two witnesses, Cross and Richard Matthews (Matthews) to establish that all of the flights in his aircraft were for business purposes. We found the testimony of Cross and Matthews to be vague and evasive in material respects. In these circumstances, we are not required to, and do not, accept their testimony. See Ruark v. Commissioner, 449 F.2d 311, 312 (9th Cir. 1971), affg. per curiam T.C. Memo. 1969-48; Clark v. Commissioner, 266 F.2d 698, 708-709 (9th Cir. 1959), affg. and remanding on another issue T.C. Memo. 9 The cryptic notations include statements such as “no heater” or “6 landings”. One notation contains simply a check mark. Many of the notations are merely names without further explanation.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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