Zinovy Brodsky - Page 44




                                       - 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...)           





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