- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011