- 9 - were or were not left there. The record contains no contemporaneous documentation as to the equipment which was placed on the lot, or the equipment on the lot that was eventually shipped to Tennessee. Petitioner relies predominantly on the workpapers prepared by Tacker to establish the equipment which it claims was abandoned, as well as on the conclusory testimony of Tacker and Laxton to the effect that those workpapers are accurate. The probative value of these workpapers is minimal, as is the referenced testimony. In addition to the fact that the workpapers were prepared during this proceeding, Tacker testified that his knowledge as to the specific assets which he showed thereon as abandoned was derived entirely from Laxton. Laxton, in turn, offered no clear explanation as to why he believed these workpapers were accurate, although he was specifically asked to do so upon cross-examination. We also question the accuracy of Exhibit 8-P when we examine the specific assets shown thereon which petitioner claims were useless after May 31, 1995, and abandoned in 1997. For example, as to those assets, the exhibit lists that petitioner purchased a 1987 truck during its 1995 taxable year at a cost of $22,588. This truck cost substantially more than the numerous other trucks used by petitioner on the contract, and petitioner generally used each of those other trucks for more than 1 year. We are hard pressed on the record at hand to conclude that the 1987 truck wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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