- 130 - business, and not for personal purposes. On the record before us, we find that petitioner has failed to carry his burden of establishing that the cellular telephone expenses of $729.28 and $903.92 that he paid during 1991 and 1992, respectively, consti- tute ordinary and necessary business expenses paid in carrying on his Schedule C business. As to the parties’ second dispute with respect to the cellular telephone expenses at issue, which we address only because we assume arguendo that petitioner had established that the cellular telephone expenses at issue constitute ordinary and necessary expenses paid in carrying on his Schedule C business, as pertinent here, section 274(d)(4) operates to disallow any deduction otherwise allowable under section 162(a) with respect to any “listed property”, unless the taxpayer satisfies the substantiation requirements of section 274(d)(4).81 The term 81Sec. 274(d) provides in pertinent part: SEC. 274. DISALLOWANCE OF CERTAIN ENTERTAINMENT, ETC., EXPENSES. (d) Substantiation Required.--No deduction or credit shall be allowed-- * * * * * * * (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 (continued...)Page: Previous 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Next
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