Jerry S. Payne - Page 30

                                       - 30 -                                         
          court have been shown to be other than travel between his                   
          residence and court.  Therefore, we hold that any parking fees              
          incurred in connection with such travel constitute nondeductible            
          commuting expenses.  See Anderson v. Commissioner, 60 T.C. 834,             
          836 (1973).                                                                 
               Even if the parking fees were shown to be associated with              
          deductible business trips, we agree with respondent that the                
          deduction of such fees must be denied due to lack of                        
          substantiation.  Petitioner failed to produce any receipts or               
          other evidence that might have corroborated his oral testimony.             
          Moreover, assuming arguendo that petitioner is not required to              
          satisfy the substantiation requirements of section 274(d)(1) with           
          respect to the parking fees, petitioner has failed to provide the           
          minimal substantiation that would permit us to estimate the                 
          allowable deduction as permitted under Cohan v. Commissioner, 39            
          F.2d 540, 543-544 (2d Cir. 1930).  Even under Cohan, there must             
          be sufficient evidence in the record to provide a basis upon                
          which an estimate may be made.  Vanicek v. Commissioner, 85 T.C.            
          731, 742-743 (1985).  Here, there is none.  Petitioner’s failure            
          to offer any substantiation that would corroborate his oral                 
          testimony provides an additional basis for sustaining                       
          respondent’s denial of the deduction for the parking fees.  See             
          Allied Marine Sys., Inc. v. Commissioner, T.C. Memo. 1997-101,              

Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011