Joseph A. and Sari F. Deihl - Page 60

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               Even under a subjective methodology, the evidence in the               
          record is simply insufficient to permit a deduction.  Assuming              
          arguendo that a once-wear policy would render clothing unsuitable           
          for personal wear in petitioners’ particular situation, Mr.                 
          Deihl’s generalized testimony does little to show that each of              
          the claimed charges was in fact for the purchase of such a once-            
          wear item.  As respondent notes, among the Neiman Marcus charges            
          is one showing two turtlenecks at $165 each.  We are unconvinced            
          that Mr. Deihl’s testimony is not overly broad and exaggerated,             
          and we are left with no reasonable basis on which to make any               
          estimate as to legitimately once-wear garments.12                           
               I.  Equipment and Furnishings                                          
               The credit card statements submitted in conjunction with               
          expenditures claimed under training, meetings, and/or conventions           
          and under promotion also reflect purchases at various                       
          establishments labeled with descriptions indicating some form of            
          equipment, furnishings, or similar items.  For instance,                    
          petitioners seek to deduct charges to Circuit City and Best Buy             
          characterized as “ELECTRONICS/APPLIANCES”.  Petitioners’                    




               12 As a final observation, we note that an additional basis            
          for disallowance rests in the fact that Mr. Deihl indicated that            
          garments were given to charity, thereby raising the possibility             
          of a double deduction absent evidence that these amounts were not           
          already incorporated in the charitable contribution deductions              
          claimed by the various related entities.                                    




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