Larry D. & Marie A. Land - Page 6




                                        - 5 -                                         

          order to claim deductions, such as the amount and place of each             
          separate expenditure, the property's business and total usage,              
          the date of the expenditure or use, and the business purpose for            
          an expenditure or use.  Sec. 274(d); sec. 1.274-5T(b), Temporary            
          Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985).  To                    
          substantiate a deduction by means of adequate records, a taxpayer           
          must maintain an account book, diary, log, statement of expense,            
          trip sheets, and/or other documentary evidence, which, in                   
          combination, are sufficient to establish each element of                    
          expenditure or use.  Sec. 1.274-5T(c)(2)(i), Temporary Income Tax           
          Regs., 50 Fed. Reg. 46017 (Nov. 6, 1985).                                   
               Petitioner provided a calendar with circled numbers that               
          allegedly represent the total number of miles driven each day for           
          business purposes.  Petitioner also had a hand-written sheet with           
          the total business and nonbusiness miles traveled during the year           
          in his car and truck.  There was no mention in any document of              
          where petitioner traveled, who he visited, or the business                  
          purpose of each trip.  Many notations appear to be personal in              
          nature.  Even assuming petitioner had a trade or business, these            
          records are not adequate to satisfy the requirements of section             
          274.  We sustain respondent's determination as to this issue.               
               Petitioners reported a $12,000 annual installment payment              
          from the sale of their home and farm as income on their Schedule            
          F, Profit or Loss From Farming, under "Sales of livestock,                  








Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011