- 43 - meet the substantiation requirements under section 274(d) and the regulations thereunder by introducing either adequate records or sufficient evidence corroborating Mr. Whitehead’s own statements with respect to his business use of certain Burien Nissan automo- biles during the years at issue. On the record before us, we find that petitioners have failed to establish that any portion of Mr. Whitehead’s use of certain Burien Nissan automobiles during the years at issue constituted a business use, the fair market value of which is excludable from gross income as a working condition fringe under section 132(a)(3). We further find on that record that the entire fair market value of Mr. Whitehead’s use of certain Burien Nissan automobiles during the years at issue is includible in petitioners’ income for those years as wages to Mr. Whitehead. Having so found, we turn now to the parties’ dispute over the fair market value of Mr. Whitehead’s use of certain Burien Nissan automobiles during the years at issue. With respect to employer-provided automobiles, unless the taxpayer applies one of the special valuation rules set forth in section 1.61-21(d), (e), and (f), Income Tax Regs.,35 the fair market value of an 35On brief, petitioners claim that they applied one of the special valuation rules, namely, the automobile lease valuation rule under sec. 1.61-21(d), Income Tax Regs., to calculate the value of petitioners’ respective uses of certain Burien Nissan automobiles during the years at issue. We are not convinced from the calculation that petitioners present on brief that they did (continued...)Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
Last modified: May 25, 2011