- 61 - 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.Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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