Harry J. Sullivan - Page 6




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          to support a taxpayer’s reconstruction of the elements of                   
          expenditure or use must have “a high degree of probative value to           
          elevate such statement” to the level of credibility of a                    
          contemporaneous record.  Sec. 1.274-5T(c)(1), Temporary Income              
          Tax Regs., 50 Fed. Reg. 46016-46017 (Nov. 6, 1985).                         
               The Court finds that petitioner has not met the adequate               
          records requirements of section 274 and is unable to establish              
          each element of his expenditure or use of the truck.  See sec.              
          1.274-5T(c)(2), Temporary Income Tax Regs., 50 Fed. Reg. 46017              
          (Nov. 6, 1985).                                                             
               Petitioner gave no oral or written evidence of the names or            
          number of his employees for the year or how much he paid each of            
          them.  The Court therefore finds that there is no basis upon                
          which an estimate may be made of his wage expenses for casual               
          labor.  Without such a basis, an allowance would amount to                  
          unguided largesse.  See Williams v. United States, supra.                   
          Self-Employment Tax                                                         
               From the evidence in the record, the Court concludes that              
          petitioner is liable for the self-employment tax under section              
          1401 on his Schedule C earnings.                                            
          Failure To File Timely                                                      
               When asked why his tax return was filed late for 1996,                 
          petitioner forthrightly replied:  "The fact of the matter is I              
          was negligent."  Because petitioner has conceded that his tax               






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