Alec Jeffrey Megibow - Page 27

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          the heightened substantiation requirements of section 274, where            
          applicable, or of enabling us to make any reasonable estimate               
          under Cohan v. Commissioner, supra.  Accordingly, we reject                 
          petitioner’s claim on brief that evidence of substantiation was             
          provided to respondent prior to January of 2002.                            
               We likewise give little weight to petitioner’s statement on            
          brief that evidence of substantiation tendered after January of             
          2002 would not have been considered by respondent.  Petitioner              
          has at no time shown either an ability or a willingness to                  
          provide additional relevant material.  He neither testified at              
          trial nor offered any pertinent substantiating exhibits.                    
          Moreover, the only other information tendered to the Court,                 
          through petitioner’s tardy motion to reopen the record, would,              
          even if accepted and as previously explained, have failed to                
          demonstrate entitlement to any further deductions.  The materials           
          do not tie any specific expense to a particular for-profit                  
          business or investment endeavor.                                            
               With respect to petitioner’s reliance at trial on having               
          filed returns signed under penalty of perjury, petitioner                   
          apparently reiterates this position on brief, as follows:                   
                    Petitioner duly filed his 1998 and 1999 income tax                
               returns which were signed under penalty of perjury by                  
               petitioner, timely filed pursuant to 26 United States                  
               Code � 7502 through the United States mails, and                       
               received in evidence; respondent failed to demonstrate                 
               that any request for substantiation of the deductions                  
               thereupon taken was made of petitioner.  The deductions                
               were therein not properly disallowed as                                





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