- 7 -- 7 - section 6653(a), the predecessor to section 6662(a). The Court, however, emphasized the extensive and detailed business records maintained by the taxpayer. Robinson v. Commissioner, supra at 542. In contrast, petitioner in the instant case produced no records to support the deductions claimed on his Schedule C for office expenses and dues and subscriptions. Furthermore, with regard to the claimed automobile expense, petitioner's concept of what constitutes adequate record keeping is at odds with the substantiation requirements of section 274 and the regulations thereunder.6 We conclude that petitioner failed to keep adequate records, and in turn was unable to provide his accountant with all the necessary and relevant information. Therefore, we sustain respondent's determination of the accuracy-related penalty under 6 The records petitioner provided to his accountant in support of the automobile expense fall far short of the requirements of the Code and regulations. A passenger automobile is defined as "listed property" under sec. 280F(d)(4)(A)(i), and thus is subject to the substantiation requirements of sec. 274(d). Among the elements required to be substantiated are the amount of business use and the amount of total use of the automobile for the taxable period, based upon mileage. Bradley v. Commissioner, T.C. Memo. 1998-170; sec. 1.274-5T(b)(6)(i)(B), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985). The record reflects that the total mileage figure for 1994 was based upon odometer readings noted on repair receipts from May and June 1993, a different year from that in issue here; from these readings, petitioner's accountant extrapolated an estimated annual mileage figure for the automobile for 1994. Moreover, petitioner's business use of the automobile was estimated from a log covering only 1 month in 1994, rather than the full year.Page: Previous 1 2 3 4 5 6 7 8 Next
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