- 51 - multiple possibilities that exist, including a category mandating strict substantiation under section 274, the Court is in no position to guess. As regards Rolex watches, Mr. Deihl testified concerning how these items were given away as prizes at conventions to top- performing distributors. The Court is satisfied that petitioners did in fact give away Rolexes as compensatory awards potentially deductible under section 162. The documentary record includes two charges specifically identified as for Rolex watches, made at Landmark Jewelers in May and September of 1997. However, only as to the September purchase does the record offer any evidence that could tend to corroborate that the particular watch was employed as a prize at a convention in the manner suggested. Based on the agenda for the KareMor convention held in the Fall of 1997, the Court would be willing to find that a $13,400 business expense for a Rolex watch had been substantiated and would be allowable were it not for the consideration discussed in the following paragraph. Otherwise no sufficient evidence was presented, and the possibility of personal use was also addressed only by uncorroborated testimony that no Rolex watches were bought for family members. 11(...continued) organization. But as I sit here at this point in time I don’t remember how this was done or whether it was done for Women of KareMor or something of that nature.” Such testimony only underscores the shortcomings of the record in these cases.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
Last modified: May 25, 2011