- 11 - 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.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 10, 2007