Herbert L. Whitehead and Jennifer L. Whitehead - Page 43




                                       - 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