Ralph Louis Vitale, Jr. - Page 29




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               Respondent next asks us to find that petitioner has not                
          adequately substantiated under section 274(d) his travel                    
          expenses.  Section 274(d) overrides the Cohan doctrine with                 
          respect to expenses of travel away from home (including meals and           
          lodging).  See Sanford v. Commissioner, 50 T.C. 823, 827-828                
          (1968), affd. per curiam 412 F.2d 201 (2d Cir. 1969); sec. 1.274-           
          5T(a), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6,              
          1985).  A taxpayer must substantiate the amount, time, place, and           
          business purpose of the expenditures, using adequate records or             
          sufficient evidence corroborating his own statement.  See sec.              
          1.274-5T(c)(1), Temporary Income Tax Regs., 50 Fed. Reg. 46016              
          (Nov. 6, 1985).                                                             
               Respondent conceded at trial that petitioner substantiated             
          the amount, time, and place, but not the business purpose, of his           
          travel expenses.  In view of our holding that petitioner's inter-           
          view expenses are nondeductible personal expenses, we find that             
          his trips to Nevada served a dual purpose. This dual purpose                
          warrants an allocation of travel expenses between business and              
          nonbusiness use.  While the evidence in this case does not permit           
          an exact allocation, there is a basis for some allowance–if                 
          necessary, by drawing upon petiitoner’s own method of allocating            
          his interview expenses.  Petitioner characterized the money he              
          paid to prostitutes as business related if he incorporated the              
          material from the interviews in his book.  According to                     






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