Michael E. and Nancy Hentges - Page 10

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          regulations that allow a taxpayer to reconstruct his records,               
          citing section 1.274-5T(c)(4) and (5), Temporary Income Tax                 
          Regs., 50 Fed. Reg. 46006, 46021-46022 (Nov. 6, 1985).  The Court           
          notes, however, that petitioner's records were lost, through                
          theft, for only a portion of the year at issue, and only the                
          airplane FAA log and some of the receipts relating to the                   
          airplane were so lost.  Petitioner suffered no such loss of                 
          records with respect to the other expenses at issue, nor were               
          such records lost as to the airplane for the remainder of 1992.             
          The Court, therefore, considers whether the records petitioner              
          submitted that were not lost and, therefore, were not                       
          reconstructed pass muster under section 274(d).  The records                
          submitted do not satisfy the record-keeping requirements of                 
          section 274(d) for several reasons.  Most notably, petitioner did           
          not maintain a contemporaneous record of the expenses, at or near           
          the time they were incurred.  Perhaps the most important element            
          of the record-keeping requirement is the contemporaneous                    
          maintenance of a log, chronicling each event in which an expense            
          is incurred and corroborating that expense with receipts or other           
          documents evidencing that the expense was incurred.  The                    
          documentation submitted by petitioner fails to satisfy this                 
          requisite.  Although petitioner submitted numerous cash and                 
          credit card receipts, most of these receipts bear no information            
          tying the receipt to an event or an expense.  The reconstructed             





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