Benjamin O. & Linda L. Agbaniyaka - Page 11

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          property”, as defined in section 280F(d)(4), a taxpayer must                
          satisfy substantiation requirements set forth in section 274(d)             
          before such expenses will be allowed as deductions.  See sec.               
          1.274-5T(b)(6), Temporary Income Tax Regs., 50 Fed. Reg. 46016              
          (Nov. 6, 1985).  “Listed property” is defined in section                    
          280F(d)(4) to include passenger automobiles and other property              
          used as a means of transportation, unless excepted by section               
          280F(d)(4)(C) or (5)(B).  See sec. 280F(d)(4)(A)(i) and (ii).               
          Evaluation of Evidence on Which Petitioners Rely                            
               Petitioners rely on their own testimony in order to satisfy            
          their burden of proof in this case.  We found Mr. Agbaniyaka’s              
          testimony to be general, vague, conclusory, uncorroborated, self-           
          serving, and/or questionable in certain material respects.  We              
          found Ms. Agbaniyaka’s testimony to be general, conclusory, and             
          self-serving in all material respects.7  Under these circum-                
          stances, we are not required to, and we shall not, rely on Mr.              
          Agbaniyaka’s testimony and Ms. Agbaniyaka’s testimony to estab-             
          lish petitioners’ position with respect to any of the issues                
          presented in this case.  See Lerch v. Commissioner, 877 F.2d 624,           
          631-632 (7th Cir. 1989), affg. T.C. Memo. 1987-295; Geiger v.               
          Commissioner, 440 F.2d 688, 689-690 (9th Cir. 1971), affg. per              
          curiam T.C. Memo. 1969-159; Shea v. Commissioner, 112 T.C. 183,             

               7The only testimony that Ms. Agbaniyaka gave in support of             
          petitioners’ position on the issues presented was that her                  
          husband’s testimony is correct.                                             

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