- 80 -
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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