- 5 - entertainment expenses as required by section 274(d). Petitioner contends that documents substantiating the rest of his expenses are in the possession of Mr. Kolter, who will not return them. Petitioner further contends that he testified against Mr. Kolter and that Mr. Kolter has been incarcerated for fraud. Section 162(a) allows as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business. Section 274(d), relating to travel, meal, entertainment, and gift expenses, requires a taxpayer to substantiate 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 travel, entertainment, amusement, recreation, or use of the facility or property, or the date and description of the gift, (C) the business purpose of the expense or other item, and (D) the business relationship to the taxpayer of persons entertained, using the facility or property, or receiving the gift. * * * Section 1.274-5(c)(5), Income Tax Regs., states: Where the taxpayer establishes that the failure to produce adequate records is due to the loss of such records through circumstances beyond the taxpayer’s control, such as destruction by fire, flood, earthquake, or other casualty, the taxpayer shall have the right to substantiate a deduction by reasonable reconstruction of his expenditures. Mr. Kolter’s representation of petitioner related to Quantum (i.e., 1992) but not Equator (i.e., 1993 and 1994). Petitioner’s failure to produce adequate records relating to 1992 is due toPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011