- 44 - employer-provided automobile generally is equal to the amount that an individual would have to pay in an arm’s-length transac- tion to lease the same or comparable automobile on the same or comparable conditions in the geographic area in which the automo- bile is available for use. Sec. 1.61-21(b)(4)(i), Income Tax Regs. On the record before us, we find that petitioners have failed to establish that the fair market value of Mr. Whitehead’s use of certain Burien Nissan automobiles during the years at issue is equal to the value that they reported for such use in their joint return for each of those years. Petitioners’ Position With Respect to Ms. Whitehead’s Use of Certain Burien Nissan Automobiles During the Years at Issue With respect to the parties’ dispute as to whether any portion of petitioners’ respective uses of certain Burien Nissan automobiles during the years at issue constituted a business use of such automobiles, petitioners appear to contend that only Mr. Whitehead, and not Ms. Whitehead, had any business use of certain Burien Nissan automobiles during those years.36 The parties’ 35(...continued) in fact use that special valuation rule. In any event, on the record before us, we find that petitioners have failed to show that they are entitled to use the automobile lease valuation rule to calculate the value of their respective uses of certain Burien Nissan automobiles during the years at issue. See sec. 1.61- 21(c)(2)(ii), Income Tax Regs. 36On brief, petitioners contend that they could have estab- (continued...)Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
Last modified: May 25, 2011