- 6 - 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 taxPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011