David and Gail Vigil - Page 15




                                       - 14 -                                         
          Memo. 1998-33; see also Malinowski v. Commissioner, 71 T.C. 1120,           
          1125 (1979).                                                                
               Petitioners did not introduce any documents and offered only           
          vague testimony regarding these claimed expenses.  Many of the              
          claimed travel expenses involved Mr. Vigil’s driving in his                 
          personal automobile to Indian reservations in various States.  He           
          traveled with family; namely, Mrs. Vigil and one or more of their           
          adult children.  Petitioners testified that they maintained a               
          list of locations where Mr. Vigil ministered and of the mileage             
          driven and that they used credit cards for business expenses and            
          kept the receipts.  They further explained that, at the time the            
          2001 return was prepared in 2004, they provided those documents             
          to their C.P.A. but did not retain copies.                                  
              Petitioners’ C.P.A. at the time of the preparation of the              
          Form 4361 and the audit of their 1994 tax return developed a drug           
          problem and later died.  Their C.P.A.’s wife took over the                  
          accounting business and prepared petitioners’ 2001 return in                
          2004.  However, petitioners testified credibly that she too has             
          developed a drug habit, that they have been unable to retrieve              
          their documents from her, and that even the sheriff was unable to           
          serve her with a subpoena to appear and testify at trial.                   
          Although they tried, petitioners were also unable to retrieve               
          documents from their credit card companies to reconstruct or                
          substantiate their 2001 expenses.                                           







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