Marvin L. Barmes and Barbara J. Barmes - Page 81




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               Assuming arguendo that petitioners had established that they           
          used petitioners’ two automobiles in a trade or business or that            
          they held such automobiles for the production of income, peti-              
          tioners must satisfy the substantiation requirements of section             
          274(d)(4) and the regulations thereunder.  Petitioners concede              
          that they kept no records with respect to the business use of               
          petitioners’ two automobiles.  Consequently, petitioners may                
          establish their entitlement to the depreciation deductions at               
          issue only by introducing into the record in this case their own            
          statements and sufficient evidence corroborating such statements.           
          See sec. 274(d)(4); sec. 1.274-5T(c)(1), Temporary Income Tax               
          Regs., 50 Fed. Reg. 46017 (Nov. 6, 1985).  Petitioners introduced           
          no evidence at trial that supports their position with respect to           
          the depreciation deductions at issue.  On the instant record, we            
          find that petitioners have failed to establish that they satisfy            
          the substantiation requirements of section 274(d)(4) and the                
          regulations thereunder regarding those deductions.                          
               Based on our examination of the entire record before us, we            
          find that petitioners have failed to establish their entitlement            
          to the depreciation deductions at issue.  Consequently, we                  
          sustain respondent’s determination with respect to those claimed            
          deductions.                                                                 
          Respondent’s Determination Regarding the                                    
          Accuracy-Related Penalty Under Section 6662(a)                              
               In the notice, respondent determined that petitioners are              





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