- 19 - that each recording of an element of expenditure is made at or near the time of the expenditure. Sec. 1.274-5T(c)(2)(ii), Temporary Income Tax Regs. If the taxpayer lacks "adequate records", then the taxpayer is to provide a written or oral statement by the taxpayer containing sufficient information in detail as to each element set forth in section 274(d), as well as sufficient other corroborative evidence. Sec. 1.274-5T(c)(3)(i), Temporary Income Tax Regs. Petitioner’s diary paints a picture of an indefatigable worker (the diary shows that he had business meals on 304 days, even though his tax return showed that he worked only 250 days during 1987) who was, if anything, overly cautious on his tax return (his diary showed the meals cost him $65,777.39, but he deducted only $62,500). Supra tables 3 and 2. The bill stubs present an ostensibly plausible backup, in a bewildering variety of styles, sizes, and colors. However, neither the diary nor the stubs show (1) the business purpose of any of the claimed business meals or (2) the business relationship to petitioner of any of the people with whom he dined. In addition, substantially all the other information in the record about business meals contradicts the information that is presented in the diary and stubs. Mercer testified that he, not petitioner, paid for their dinners. Wright testified that she had many dinners with petitioner duringPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011