- 8 - the disallowance provisions of section 274(a)(1)(B), see, e.g., section 274(e), none applies here. The expenses of leasing the boats are not deductible.4 Petitioner alternatively contends that, if the corporation is not allowed to deduct the boat lease payments, we should accord him some relief because, as a result of the disallowance, he is being taxed twice on the same income. He points out that the disallowance of his corporation’s boat lease deductions increases the passthrough income he is required to report on his individual returns by the amount of the deductions. Because the 4 Petitioner argued at trial and on brief that his substantiation of the business use of the boats met the requirements of sec. 274(d). We disagree. Sec. 274(d) requires a taxpayer to demonstrate the amount, the time and place, and the business purposes which give rise to his claimed business entertainment expenses “by adequate records or by sufficient evidence corroborating * * * [his] own statement”. At trial petitioner attempted to present summaries gleaned from office records and prepared by someone on his staff. These summaries failed to meet the requirements for admissibility under Fed. R. Evid. 1006. Moreover, they failed to include information with respect to the business purpose of the boat utilizations. See S. Rept. 1881, 87th Cong., 2d Sess. (1962), 1962-3 C.B. 707, 741: The requirement that the taxpayer's statements be corroborated will insure that no deduction is allowed solely on the basis of his own unsupported, self- serving testimony. * * * Generally, the substantiation requirements of the bill contemplate more detailed recordkeeping than is common today in business expense diaries. * * * Thus, the boat lease deductions run afoul of both the substantiation requirements of sec. 274(d) and the prohibition of sec. 274(a)(1)(B).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011