Wing Y. Kwan - Page 5

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          diary, log, statement of expense, trip sheet or similar record,             
          and/or other documentary evidence, which, in combination, are               
          sufficient to 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 recording of an element of an expenditure             
          or use must be made at or near the time of the expenditure or               
          use.  Sec. 1.274-5T(c)(2)(ii)(A), Temporary Income Tax Regs., 50            
          Fed. Reg. 46017 (Nov. 6, 1985).  Alternatively, a taxpayer who is           
          unable to satisfy the adequate records requirement is still                 
          entitled to a deduction for expenses that he can substantiate               
          with other corroborative evidence.  Sec. 1.274-5T(c)(3),                    
          Temporary Income Tax Regs., 50 Fed. Reg. 46020 (Nov. 6, 1985).              
          Moreover, when section 274(d) applies, as here, this Court cannot           
          rely on Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), to               
          estimate the taxpayer’s expenses.  Sanford v. Commissioner, 50              
          T.C. 823, 827-828 (1968), affd. per curiam 412 F.2d 201 (2d Cir.            
          1969).                                                                      
               Petitioner had no books of account or other records                    
          concerning his alleged businesses or any evidence of the                    
          expenditures in issue.  Petitioner relied on his own testimony.             
               Petitioner claimed that he found customers for the travel              
          agents at Sun Trips Travel (Sun Trips), San Jose, California.               
          Petitioner had no client lists.  Petitioner admitted that Sun               
          Trips did not require him to pick up the tickets.  Petitioner               






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