Herbert L. Whitehead and Jennifer L. Whitehead - Page 42




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          support of petitioners’ contention that Mr. Whitehead’s use of              
          certain Burien Nissan automobiles during the test period was                
          representative of Mr. Whitehead’s use of those automobiles                  
          throughout the years at issue, petitioners rely on Mr. White-               
          head’s self-serving testimony.  Based on the Court’s evaluation             
          of Mr. Whitehead’s testimony, we are not required to, and we                
          shall not, rely on his testimony regarding his use of certain               
          Burien Nissan automobiles during the years at issue.  See Lerch             
          v. Commissioner, 877 F.2d 624, 631-632 (7th Cir. 1989), affg.               
          T.C. Memo. 1987-295; Geiger v. Commissioner, 440 F.2d 688, 689-             
          690 (9th Cir. 1971), affg. per curiam T.C. Memo. 1969-159;                  
          Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).34  On the record           
          before us, we find that petitioners have failed to meet the                 
          requirements of the sampling method of substantiation.  On that             
          record, we further find that petitioners have failed otherwise to           


               33(...continued)                                                       
          the business purpose of any miles allegedly driven by Mr. White-            
          head during the test period.  We further find on that record that           
          petitioners have failed to show that the alleged business purpose           
          of any miles allegedly driven by Mr. Whitehead during the test              
          period is evident from the surrounding facts and circumstances.             
          In this connection, no credible evidence in the record estab-               
          lishes the facts and circumstances during the years at issue                
          surrounding Mr. Whitehead’s claimed business uses of certain                
          Burien Nissan automobiles during those years.                               
               34The principle that we are not required to rely on testi-             
          mony, even if uncontradicted, that we find to be, inter alia, not           
          credible, questionable, unreasonable, general, and/or vague is so           
          well established that hereinafter we shall not cite the case law            
          supporting that principle.                                                  





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