Virginia Ferguson, f.k.a. Virginia Del Bosque, and Estate of Armand J. Del Bosque, Deceased, Lori Del Bosque, Special Administrator, et al. - Page 24

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                    2.   Nondeductible Personal Expenses                              
                         a.   Petitioners’ Leather Goods Purchases                    
               In 1987 and 1988, Mr. Jacobsen purchased $3,770 of leather             
          goods for resale each year.  Mr. Del Bosque purchased $13,298 of            
          leather goods for resale in 1987, $3,862 for resale in 1988, and            
          $2,375 for resale in 1989.  Respondent treated amounts paid by              
          petitioners to North Beach Leathers as nondeductible personal               
          expenses.  These were not personal expenditures but rather                  
          expenditures for leather goods purchased and resold.  Although              
          petitioners did not maintain any records of their purchases, a              
          few receipts were obtained from North Beach Leathers.  The                  
          receipts show that within a month petitioners purchased numerous            
          jackets in various sizes; the number of jackets purchased                   
          supports petitioners’ assertions that the jackets were not for              
          personal use but rather for resale.  Petitioners’ leather goods             
          sales activities are further confirmed by the testimony of two              
          individuals to whom petitioners sold leather goods during the               
          years at issue.                                                             
               On the basis of our observation of petitioners’ witnesses at           
          trial, including our observation of their demeanor, we found                
          petitioners’ witnesses to be credible and earnest.  Their                   
          testimony was direct, plausible, and uncontroverted.  It was not            
          evasive, conclusory, or inconsistent.  We are satisfied that                
          their testimony was honest.                                                 






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