Michael E. and Nancy Hentges - Page 12

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          records in addition to the foregoing example.  That particular              
          example, the Court notes, did not involve records that were lost.           
               The Court concludes, on this record, that, for the period              
          during 1992 as to which petitioner's records were not stolen,               
          such records fail to satisfy the substantiation requirements of             
          section 274(d).  In addition, there is no evidence that his                 
          record keeping was more complete or adequate for the period                 
          before the theft.  In A & F Management Corp. v. Commissioner,               
          T.C. Memo. 1984-585, this Court stated:                                     

               This exception to the general substantiation requirements is           
               available where the taxpayer once had adequate records which           
               were destroyed by a casualty beyond the taxpayer's control,            
               and the exception permits the taxpayer to substantiate a               
               deduction by reasonable reconstruction of his expenditures.            
               * * *  None of the documents submitted into evidence met all           
               of the elements of section 274(d) nor did * * * [the                   
               taxpayer's] testimony indicate that any of the materials               
               that were destroyed contained this information.                        
               Consequently, we will not permit petitioners to attempt to             
               reconstruct A & F's records without satisfying each element            
               of section 274(d). * * *                                               

          In Bacon v. Commissioner, T.C. Memo. 1989-90, this Court found              
          that a taxpayer failed to make an adequate reconstruction of                
          destroyed records where such records did not initially contain              
          sufficient information to satisfy the substantiation requirements           
          of section 274(d).  Counsel for petitioner at trial agreed that             
          the log maintained by petitioner required by the FAA would not              
          have included all the information necessary to satisfy the                  
          requirements of section 274(d).  Petitioner admittedly did not              




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