Marvin L. Barmes and Barbara J. Barmes - Page 80




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          is defined in section 280F(d)(4) to include passenger automo-               
          biles.  See sec. 280F(d)(4)(A)(i).  As pertinent here, petition-            
          ers may satisfy the substantiation requirements of section 274(d)           
          and the regulations thereunder by adequate records or by suffi-             
          cient evidence corroborating their own statements.  See sec.                
          274(d)(4); sec. 1.274-5T(c)(1), Temporary Income Tax Regs., 50              
          Fed. Reg. 46016-46017 (Nov. 6, 1985).                                       
               In support of the automobile depreciation deductions at                
          issue, petitioners rely on certain facts that we found in Barmes            
          v. Commissioner, T.C. Memo. 2000-254, and on certain factual                
          allegations not supported by the record that they advance in                
          their briefs.  We rejected above petitioners’ reliance on certain           
          facts that we found in Barmes, supra.  We also reject petition-             
          ers’ reliance on certain factual allegations in their briefs.               
          See Rule 143(b).  On the record before us, we find that petition-           
          ers have failed to establish that they used petitioners’ two                
          automobiles in a trade or business or that they held such automo-           
          biles for the production of income.  See sec. 167(a).                       

               39(...continued)                                                       
                    (4) with respect to any listed property (as de-                   
               fined in section 280F(d)(4)),                                          
               unless the taxpayer substantiates by adequate records                  
               or by sufficient evidence corroborating the taxpayer’s                 
               own statement (A) the amount of such expense or other                  
               item, (B) the time and place of the * * * use of the                   
               facility or property * * *, (C) the business purpose of                
               the expense or other item * * *.                                       





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