- 8 - When a taxpayer's records have been destroyed or lost due to circumstances beyond his control, he is generally allowed to substantiate his deductions through secondary evidence. A taxpayer in this type of situation may reconstruct his expenses through other credible evidence. Watson v. Commissioner, T.C. Memo. 1988-29; sec. 1.274-5(c)(5), Income Tax Regs. If no other documentation is available, we may, although not required to do so, accept credible testimony of a taxpayer to substantiate a deduction. Watson v. Commissioner, supra. Petitioner's testimony regarding his business expenses was candid and credible. Petitioner testified that he kept books and receipts. Further, he was able to itemize certain expenditures in detail at trial. In contrast, respondent did not controvert petitioner's testimony in any respect. Respondent neither questioned whether petitioner was in fact involved in a "business", nor claimed that any of petitioner's deductions were fabricated or overstated. Further, respondent did not challenge petitioner's claim that his records were destroyed in a fire. The amounts claimed as business deductions by petitioner in 1986 are allowable provided the expenditures were ordinary and necessary in petitioner's trade or business. Sec. 162(a). As stated above, we believe that petitioner has met his burden of substantiating that he actually incurred the expenses.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011