Frank H. and Marla C. Black - Page 32




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          were withheld, their pay was reported on a Form 1099, and the               
          1991 salary was paid in a lump sum to each.  We conclude that               
          respondent properly treated the payments to Dominique and                   
          Jonathan as nondeductible personal expenditures and indicia of              
          fraud.                                                                      
               Petitioner overstated deductions for travel, meals and                 
          entertainment expenses and failed to provide credible evidence to           
          support such deductions at trial.  During the examination of                
          petitioners’ taxable years 1991 and 1992, petitioners’                      
          representative provided Agent McCarter with a travel log prepared           
          by Mr. Black which purported to show Mr. Black’s business travel            
          for taxable years 1991 and 1992.  Agent McCarter returned the log           
          to petitioners’ representative because she could not read Mr.               
          Black’s handwriting and requested a legible copy of the log or              
          other documentation to support Mr. Black’s deductions.  Neither             
          Mr. Black nor his representatives ever provided a new travel log            
          or any other evidence to support his deductions for business                
          travel, meals, or entertainment.                                            
               Agent McCarter concluded that, on the basis of the amounts             
          of claimed travel deductions and Mr. Black’s use of the standard            
          mileage rate, Mr. Black had to have driven 156,669 miles in 1991            
          and 181,692 miles in 1992, which averages 429 miles per day in              










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