- 15 - The regulations provide a limited exception to the substantiation requirements of section 274(d). Under section 1.274-5(c)(5), Income Tax Regs.: 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 a right to substantiate a deduction by reasonable reconstruction of his expenditures. Petitioner testified that he kept records of his flights between California and Idaho, but that those records have been lost. Petitioner did not present any evidence as to how the loss of the records occurred, or that the loss was due to “circumstances beyond * * * [his] control”. The limited exception does not apply to the loss of petitioner’s records. 2. Miscellaneous Business Expense Deductions Petitioner also claimed miscellaneous business deductions of $5,290 and $4,988 on his 1992 and 1993 returns, respectively. According to petitioner’s testimony, the business expenditures were for union dues, tools, work clothing, and boots. Respondent denied the miscellaneous business deductions on the grounds that petitioner failed to establish that he incurred the expenses claimed as deductions, and that he failed to maintain adequate records to establish the specific amounts of the deductions as required by section 6001.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011