Polly M. Cherry - Page 10

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          ascertained from surrounding facts and circumstances.  Id.; sec.            
          1.274-5(c)(2)(ii)(B), Income Tax Regs.                                      
               In the instant case, petitioner did not produce any records            
          for travel taken during 1993.  Rather, petitioner testified that            
          all of her records for 1993 were destroyed in the Flint River               
          flood on July 7, 1994.  Section 1.274-5T(c)(5), Temporary Income            
          Tax Regs., provides a limited exception to the heightened                   
          substantiation requirement under section 274(d):                            
               Where the taxpayer establishes that the failure to                     
               produce adequate records is due to the loss of such                    
               records through circumstances beyond the taxpayer's                    
               control, such as destruction by fire, flood,                           
               earthquake, or other casualty, the taxpayer shall have                 
               a right to substantiate a deduction by reasonable                      
               reconstruction of his expenditures or use.                             
               Taxpayers whose records are lost due to casualty must                  
          reasonably reconstruct them to gain the benefits of the                     
          deduction.  Gizzi v. Commissioner, 65 T.C. 342, 345-346 (1975).             
          In the instant case, although petitioner has shown that her                 
          records were lost in the Flint River flood, she made no attempt             
          to reconstruct those records for 1993.  Consequently, the record            
          contains no basis on which the Court can allow a deduction for              
          1993 beyond the amounts respondent has allowed.                             
               As to 1994, petitioner has submitted 11 months of expense              
          sheets detailing dates, destinations, mileage driven, and, in               
          most cases, the purpose of the trip by petitioner during such               
          period.  We conclude that the expense sheets, together with                 
          petitioner's testimony at trial, sufficiently substantiate                  




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