David Llewellyn and Kay Marie Rose - Page 15




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          amount, time, place, and business purpose of these expenses as              
          required by section 274(d).  Under this circumstance, the Court             
          is precluded from using the Cohan doctrine to estimate the amount           
          of the travel expenses incurred in connection with such travel.             
          Accordingly, the Court holds that petitioners are not entitled to           
          deduct travel expenses in connection with petitioner's trips to             
          air races for any of the years at issue.  Thus, petitioners are             
          not entitled to deduct any travel expenses in connection with               
          petitioner's air racing activity for any of the years at issue.             
          Respondent is sustained on this issue.                                      
               The second issue is whether petitioners are entitled to                
          deduct labor expenses for each year at issue in connection with             
          the air racing activity in excess of amounts allowed by                     
          respondent.  On Schedules C of their returns, petitioners                   
          deducted labor expenses of $60,722 for 1995, $19,019 for 1996,              
          and $37,605 for 1997.  In the notice of deficiency, respondent              
          disallowed labor expenses of $12,250, $5,000, and $17,000,                  
          respectively, for 1995, 1996, and 1997, due primarily to lack of            
          substantiation.  Respondent also argues that, if the Court finds            
          that petitioners substantiated the disallowed amounts, such                 
          amounts represented expenses for construction of the Mach Buster            
          airplane, and, thus, these amounts are not deductible with                  
          respect to the air racing activity and should be capitalized                
          subject to depreciation with respect to the Mach Buster.                    





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