Jose Torres - Page 7

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                    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.                                                                                          







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