Marvin B. Hubbard - Page 15

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          regulations state:  “it is to the advantage of taxpayers who may            
          be called upon to substantiate expense account information to               
          maintain as adequate and detailed records of * * * business                 
          expenses as practical since the burden of proof is upon the                 
          taxpayer”.  Sec. 1.162-17(d)(2), Income Tax Regs.  The                      
          regulations further suggest that the taxpayer keep a diary or               
          contemporaneous record of expenditures.  Petitioner did neither.            
          Although he claimed $1,500 in expenses for business meetings,               
          petitioner offered no testimony or written documentation                    
          substantiating these expenses.  Therefore, the Court sustains               
          respondent on this issue.                                                   
               As to the deduction for telephone expenses, petitioner’s               
          testimony was vague with respect to his cellular phone bills and            
          offered only minimal written documentation.10  Cellular phones              
          are classified as “listed property” and thus subject to strict              
          substantiation requirements.  Secs. 274(d)(4), 280F(d)(4)(A)(v).            
          Therefore, in order to deduct use of a cellular phone as a                  
          business expense, the taxpayer must produce adequate records or             
          other evidence showing (1) the amount of the expenses; (2) the              
          time and place of the use; (3) the business purpose; and (4) the            
          business relationship to the property.  Petitioner failed to meet           
          any of these requirements; therefore, the Court holds for                   

               10   Petitioner’s production of a single cellular telephone            
          bill resulted in respondent's conceding $579.44 of petitioner’s             
          miscellaneous Schedule C deduction.                                         





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