Gregory M. Bestor - Page 7




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          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).  Each element of an expenditure or use that must be               
          substantiated should be recorded at or near the time of that                
          expenditure or use.  Sec. 1.274-5T(c)(2)(ii)(A), Temporary Income           
          Tax Regs., 50 Fed. Reg. 46017 (Nov. 6, 1985).  Travel and car and           
          truck expenses cannot be estimated under Cohan.  Sanford v.                 
          Commissioner, 50 T.C. 823, 827-828 (1968), affd. per curiam 412             
          F.2d 201 (2d Cir. 1969).                                                    
               On his 1997 Schedule C, petitioner deducted total car and              
          truck expenses of $4,123.  Petitioner also claimed a depreciation           
          expense deduction of $1,396 with respect to the business use of             
          his vehicle.                                                                
               After a review of the record, we find that petitioner failed           
          to maintain adequate records such as a diary, log book, or trip             
          sheets to show the distances he purportedly traveled in                     
          furtherance of his “investor” business.  Petitioner’s mileage               
          summaries are insufficient because the mileage amounts were not             
          entered at the time the vehicles were used.  Therefore, under the           
          strict substantiation rules of section 274(d)(4), we hold that              
          petitioner is not entitled to deduct any car and truck expenses             
          for 1997.  Accordingly, respondent’s disallowance of petitioner’s           
          Schedule C deduction for car and truck expenses is also sustained           
          on this ground.                                                             






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