- 28 - Second, petitioner’s travel expenses are subject to the strict substantiation requirements of sections 274(d) and 280F(d)(4)(ii). Petitioner failed to substantiate the amount of his expenses or the time, place, and business purpose of his travel. Petitioner’s “flight log” was not legible and did not contain the specific information required by section 274(d), such as the business purpose of each flight. Petitioner claimed that the airplane was used for travel to and from his Burbank office, for travel to business meetings (none of which were substantiated), and for maintaining his flying proficiency which he claims is “helpful”, but not strictly required, for maintaining his status as a medical examiner for airline pilots. Petitioner’s compliance with the strict substantiation requirements of section 274(d) is necessary in order to enable the Court to determine the percentage of business use and thus the allowable amount of petitioner’s claimed deductions. See Noyce v. Commissioner, 97 T.C. 670 (1991) (treating flight training, personal use, and maintenance flights as nonbusiness use and allowing deduction only for business-use portion of expenses). With respect to deductions other than depreciation, petitioner must establish that the expenditures were ordinary, necessary, and reasonable. Id. at 685; Marshall v. Commissioner, T.C. Memo. 1992-65. To establish that the expenses are ordinary,Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011