- 13 - lack of business purpose on the part of Mrs. Thorpe in attending the various conferences. On brief, respondent argues that Mrs. Thorpe's presence at the conventions was primarily a personal benefit to her rather than a business purpose that benefited ETCO. Respondent's argument regarding lack of substantiation was not meaningfully addressed until the reply brief was filed. Respondent has isolated a small percentage of travel expenses that has been attributed specifically to Mrs. Thorpe. It would be difficult to imagine how respondent could attribute an exact amount of expenses to Mrs. Thorpe without any substantiation of the expenses in the first place. Further, where Mr. and Mrs. Thorpe attended the conferences together, certain expenses, such as meals and lodging, must have been substantiated for Mr. Thorpe on the same documentation as would have been used for Mrs. Thorpe. Respondent does not question the substantiation of Mr. Thorpe's travel expenses. Under these circumstances, we find that respondent's argument regarding lack of substantiation is without merit. With respect to the automobiles, the Mercury and the Lincoln are listed property under section 280F(d)(4)(A)(i) because they are passenger automobiles. A taxpayer may not deduct automobile expenses, unless he or she substantiates by adequate records or by sufficient evidence corroborating the taxpayer's own statement the amount, time and place, and business purpose of the expense. Sec. 274(d)(4).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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