Harry E. Thomason and Estate of Hattie D. Thomason, Deceased, Mary T. Crist, Personal Representative - Page 18

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          and Mrs. Thomason incurred expenses of $3,592.66 in connection              
          with the Florida condo activity during 1991.  Those expenses are            
          allowed as Schedule E deductions.                                           
               With respect to petitioner's travel expenses in relation to            
          the Florida condo activity, which specifically include vehicle              
          expenses, travel, and meals, section 274(d) overrides the so-               
          called Cohan rule.11  Sanford v. Commissioner, 50 T.C. 823, 827             
          (1968), affd. per curiam 412 F.2d 201 (2d Cir. 1969); sec. 1.274-           
          5T(a), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6,              
          1985).  Under section 274(d), no deduction may be allowed for               
          expenses incurred for travel on the basis of any approximation or           
          the unsupported testimony of the taxpayer.  Section 274(d)                  
          imposes stringent substantiation requirements to which each                 
          taxpayer must strictly adhere.  Thus, that section specifically             
          proscribes deductions for travel expenses in the absence of                 
          adequate records or sufficient evidence corroborating the                   
          taxpayer's own statement.  Petitioners failed to present evidence           
          to meet the requirements of section 274(d) with respect to the              
          claimed deductions for vehicle expenses, travel, and meals                  


          11                                                                          
               As a general rule, if the record provides sufficient                   
          evidence that the taxpayer has incurred a deductible expense, but           
          the taxpayer is unable to substantiate adequately the amount of             
          the deduction to which he or she is otherwise entitled, the Court           
          may, in some situations, estimate the amount of such expense and            
          allow a deduction to that extent.  Cohan v. Commissioner, 39 F.2d           
          540, 543-544 (2d Cir. 1930).                                                




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