David J. Edwards - Page 27




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          same.”  See also United States v. Tauferner, 407 F.2d 243 (10th             
          Cir. 1969); Smith v. Warren, 388 F.2d 671 (9th Cir. 1968);                  
          Bunevith v. Commissioner, 52 T.C. 837 (1969), affd. without                 
          published opinion 25 AFTR 2d 935, 70-1 USTC par. 9414 (1st Cir.             
          1970).                                                                      
               Petitioner offered conflicting testimony at trial as to                
          whether his airplane was used for commuting.  At one point, he              
          testified:  “I do go from the home office to the airport for                
          transportation by plane to Burbank where my other office is and             
          have a car at the airport in Burbank to link up with that airport           
          and my office there.”  He then attempted to change this                     
          testimony:  “I usually leave on a Friday afternoon from the                 
          medical office in Fresno and go to the Burbank office.  It’s                
          mainly office to office commuting.”                                         
               After trial, petitioner attempted to clarify his testimony             
          with a self-serving hearsay declaration submitted with his reply            
          brief.  Petitioner states in the declaration that he never                  
          travels directly from his home to Burbank but instead always                
          leaves from his Fresno office.  We decline to consider                      
          petitioner’s declaration submitted after trial.  The statements             
          are hearsay and untimely, and we do not find the statements in              
          the declaration to be credible in light of petitioner’s                     
          spontaneous trial testimony.                                                








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