Mary S. and Gregory G. Webb - Page 11




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          he failed to bring the diary to court.  He also testified that he           
          based the expense on the number of days away from home for                  
          business.  Petitioner testified that he was away from home 38               
          nights in 1996.  The record is absent any information as to the             
          number of nights petitioner was away from home in 1997.  Section            
          274(d) provides a strict substantiation rule which does not                 
          permit us to make a Cohan estimation.  Cohan v. Commissioner,               
          supra.  Petitioner is allowed a deduction only for travel                   
          expenses properly substantiated by receipts or other evidence               
          corroborating his own statement.  Because petitioner is unable to           
          substantiate these deductions, he is not entitled to deduct the             
          amounts claimed as miscellaneous itemized deductions.                       
               We also find that petitioner failed to substantiate the                
          meals and entertainment expense deduction.  Accordingly, we                 
          cannot allow him the deduction for meals and entertainment in               
          1996.                                                                       
               At trial petitioner substantiated union dues of $221 for               
          1996.  Petitioner failed to substantiate the dues claimed for               
          1997.  Accordingly, petitioner is entitled to deduct $221 for               
          union dues incurred in 1996 and none for 1997.                              
               We have considered all of the other arguments made by                  
          petitioners, and, to the extent we have not addressed them,                 
          conclude they are without merit.                                            







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