- 11 - Sec. 1.274-5T(b)(6), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985). When a taxpayer's records have been destroyed or lost due to circumstances beyond his control, he is generally allowed to substantiate his deductions through secondary evidence. Malinowski v. Commissioner, 71 T.C. 1120, 1125 (1979); sec. 1.274-5T(c)(5), Temporary Income Tax Regs., 50 Fed. Reg. 46022 (Nov. 6, 1985). A taxpayer in this type of situation may reconstruct his expenses through other credible evidence. Watson v. Commissioner, T.C. Memo. 1988-29; sec. 1.274-5T(c)(5), Temporary Income Tax Regs., supra. If no other documentation is available, we may, although we are not required to do so, accept credible testimony of a taxpayer to substantiate a deduction. Watson v. Commissioner, supra. Petitioner credibly testified as to the nature of the expenses he incurred in the operation of his truck. We accept petitioner’s credible testimony as substantiation of his car and truck expenses. Under the circumstances, petitioner’s uncontradicted testimony warrants allowance of the entire amounts claimed for these expenses on his tax returns. See Miller v. Commissioner, supra. Accordingly, we do not sustain respondent’s determination disallowing these expenses. II. Section 6651(a)(1) Respondent determined that petitioner is liable for anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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