A.J. Concrete Pumping, Inc. - Page 24




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               Additionally, section 274(d) requires, in the case of                  
          claimed deductions for business use of passenger automobiles,               
          that taxpayers substantiate the amount of business use.  In order           
          to substantiate a deduction attributable to listed property, a              
          taxpayer must maintain adequate records to show the amount of the           
          expense, the time and place of use, and the business purpose for            
          the use.  See, e.g., Whalley v. Commissioner, T.C. Memo. 1996-              
          533.  To substantiate a deduction by means of adequate records, a           
          taxpayer must maintain an account book, a log, a statement of               
          expense, or trip sheets to establish the element of use.  See               
          sec. 1.274-5T(c)(2)(i), Temporary Income Tax Regs., 50 Fed. Reg.            
          46017 (Nov. 6, 1985).                                                       
               Petitioner did not produce any records concerning personal             
          versus business use of the vehicles.  Respondent allowed                    
          petitioner 50 percent of the claimed depreciation on the basis of           
          oral testimony during the audit examination and the nature of and           
          facts surrounding petitioner’s business.  At trial, petitioner              
          presented no evidence other than uncorroborated and undocumented            
          oral testimony.  Accordingly, respondent’s determination on this            
          issue is sustained.                                                         
               5.  Olympic’s Expenses Paid by Petitioner                              
               Petitioner claimed several deductions in its 1992 tax year             
          for expenses that were paid on behalf of Olympic.  These                    
          deductions included $10,931 for legal expenses, $6,128 for                  






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