- 6 - In certain circumstance the Court may estimate various expenses. See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). Section 274(d), however, imposes strict substantiation requirements for expenses relating to travel and in this regard supersedes the Cohan doctrine. See Sanford v. Commissioner, 50 T.C. 823, 827 (1968), affd. 412 F.2d 201 (2d Cir. 1969). To obtain a deduction for travel, a taxpayer must substantiate “by adequate records or by sufficient evidence corroborating * * * [his] own statement” the amount of the expense and the time and place of the travel. Sec. 274(d). Petitioner, as noted, presented no evidence to satisfy section 274(d).4 Accordingly, as to this issue, we hold for respondent. With respect to the Schedule C loss, petitioner conceded that issue in the stipulation of facts. In closing, we observe that to the end petitioner has sought to depose Mr. Evans, an Appeals officer with whom he met in attempts to settle this matter. Putting aside the untimeliness and other deficiencies with respect to petitioner’s application, we cannot fathom what information Mr. Evans could have possessed that would have shed any material light on the issues properly before this Court. The evidence concerning substantiation under section 274(d) is under petitioner’s control. Furthermore, any 4 We also note that there is a problem of hearsay with respect to the expenses of petitioner’s wife.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011