Nicholas M. Romer - Page 17




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          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.                                                                




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