Benjamin H. Smith - Page 5

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               At trial, petitioner testified that the reason he could not            
          substantiate the expenses was that most of his records and                  
          receipts had been destroyed.  Petitioner stated that the U-Haul             
          trailer, which contained most of his records and receipts, became           
          unhitched and overturned, destroying all of its contents.                   
               We note for the record that petitioner failed to produce any           
          evidence of the destruction of the trailer.  Notwithstanding the            
          lack of such evidence, we recognize that when a taxpayer's                  
          records have been lost or destroyed through circumstances beyond            
          his control, he is entitled to substantiate a deduction by                  
          reconstruction of his expenditures through other credible                   
          evidence.  Watson v. Commissioner, T.C. Memo. 1988-29.  Absent              
          the availability of further documentation, although not required            
          to do so, this Court may accept credible testimony of a taxpayer.           
          Watson v. Commissioner, supra.                                              
               On this record, we find that petitioner failed to provide              
          any information or credible testimony regarding the expenses                
          associated with his law practice.  Petitioner provided no                   
          receipts, bills, journals, ledgers, canceled checks, or expense             
          statements.  Moreover, petitioner failed to reconstruct any                 
          portion of his expenses.                                                    
               Instead, petitioner submitted to the Court copies of court             
          pleadings involving the litigation of his two civil cases.                  






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