- 4 - 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. PetitionerPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011