Herbert L. Whitehead and Jennifer L. Whitehead - Page 44




                                       - 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