Joseph A. and Sari F. Deihl - Page 61

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          testimony with respect to expenses of this genre consists in its            
          entirety of the following from Mrs. Deihl:                                  
                    Q    Okay.  I also see some major expenses for                    
               Circuit City during that time frame; do you know what                  
               these were for?                                                        
                    A    The only thing I can think of is it would be                 
               computers but I’m not really sure.                                     
                    Q    Computers for personal use or for--                          
                    A    No. Computers--                                              
                    Q    --business?                                                  
                    A    No, for business use.  It would either be                    
               computers or equipment for the company or for the                      
               buildings.                                                             
          Given the admitted ambiguity in this testimony, i.e., Mrs. Deihl            
          conceded that she was “not really sure”, petitioners have failed            
          to establish either what was purchased or the business use                  
          therefor.  Moreover, computers or peripherals would be subject to           
          the strict substantiation rules of section 274(d) as listed                 
          property, absent a showing that the exception set forth in                  
          section 280F(d)(4)(B) should apply.                                         
               Petitioners also claim an outlay by KareMor on September 5,            
          1997, to Synthony Music for “MUSICAL EQUIP/ACC/SVC”, as to which            
          Mrs. Deihl testified:  “Probably in-house, I would think that was           
          part of the in-house recording equipment that we have.”  From               
          this obtuse statement, the Court can draw little and certainly              
          not adequate substantiation of a business expenses under section            
          162.                                                                        





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