Christopher K. and Brenda M. Cox, et al. - Page 20




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          automobile for business approximately 70 percent of the time.               
          She introduced no testimony, documentation, or corroborative                
          evidence of any kind sufficient to establish each of the elements           
          required by section 274(d).  Sec. 1.274-5T(c), Temporary Income             
          Tax Regs., 50 Fed. Reg. 64016 (Nov. 6, 1985).                               
               Deborah also argues that the amounts retained by Cox Tomato            
          from the monthly distributions she received from June through               
          December 1994 to compensate Cox Tomato for her personal use of              
          the corporate automobile should be excluded from her gross                  
          income.  We reject this argument because it fails to recognize              
          that respondent’s adjustment increasing Deborah’s income by the             
          amount of distributions she received for 1994 includes only the             
          distributions Deborah actually received; i.e., the distributions            
          net of the amounts retained by Cox Tomato for Deborah’s personal            
          use of the automobile.  In effect, Deborah has received the                 
          benefit of an exclusion because the amount Cox Tomato withheld              
          from her distribution to compensate the company for her personal            
          use of the automobile was not included in her income.  Deborah is           
          not entitled to exclude from income money she is not otherwise              
          required to include in income in the first place.                           
               On this record, therefore, we hold that Deborah has failed             
          to substantiate her business use of the corporate automobile she            
          drove during 1994 and 1995 as required by sections 132 and 274              
          and that Deborah is not entitled to exclude any part of the                 






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