Kenneth G. Schladweiler - Page 6

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          amount allowable, we bear heavily upon the taxpayer whose                   
          inexactitude is of his or her own making.  See Cohan v.                     
          Commissioner, supra at 544.                                                 
               For certain kinds of business expenses, such as travel,                
          meal, and entertainment expenses, and those expenses attributable           
          to “listed property”, section 274(d) overrides the rule of Cohan            
          v. Commissioner.  See Sanford v. Commissioner, 50 T.C. 823, 827             
          (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).  Under section 274(d), a taxpayer must satisfy strict                
          substantiation requirements before a deduction is allowable.  See           
          sec. 274(d); sec. 6001; sec. 1.6001-1(a), (e), Income Tax Regs.             
          If section 274(d) applies, we may not use the Cohan doctrine to             
          estimate a taxpayer’s expenses covered by that section.                     
               The substantiation requirements of section 274(d) apply to             
          any listed property described in section 280F(d)(4).  Listed                
          property includes passenger automobile and any other property               
          used as a means of transportation, see sec. 280F(d)(4)(A)(i) and            
          (ii), unless excepted by section 280F(d)(4)(C) or (d)(5)(B).                
          Petitioner’s pickup truck and car are listed property, and,                 
          consequently, section 274(d) applies to the car and truck                   
          expenses claimed by petitioner in 1992 and 1993.                            
               To obtain a deduction for travel expenses under section 274,           
          a taxpayer must substantiate the amount of the expense, the time            

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