Tobias G. Ogu - Page 23

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               3.  “Trade Missions”, Overseas Expenses                                
               On his Schedules C for 1999 and 2000, petitioner claimed               
          deductions for “trade missions” in the amounts of $11,900 and               
          $6,975, respectively.  Also on his Schedules C for 1999 and 2000,           
          petitioner claimed various overseas expenses in the aggregate               
          amounts of $24,720 and $29,450, respectively.16                             
               To the extent that the strict substantiation rules of                  
          section 274(d) apply, petitioner has not adequately substantiated           
          any of the foregoing deductions.  See sec. 274(d); sec. 1.274-              
          5T(a), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6,              
          1985); see also sec. 6001; sec. 1.6001-1(a), Income Tax Regs.               
               To the extent that the strict substantiation rules of                  
          section 274(d) would not preclude us from estimating an                     
          appropriate allowance, any such estimate would be unfounded.  See           
          Williams v. United States, 245 F.2d at 560.                                 
               In addition to the foregoing, we are not convinced that the            
          amounts claimed are even deductible, apart from their lack of               
          substantiation.  In this regard, the record demonstrates that               
          shortly after petitioner returned from his first “trade mission”            
          (December 22, 1999, to January 7, 2000), Americana Business                 
          Consultants (Nigeria) Limited, a Nigerian corporation, was                  
          incorporated.  At trial, petitioner testified that he was obliged           


               16  For 2000, the aggregate amount consists of rent of                 
          $3,900, wages of $16,000, office expenses of $1,680, and other              
          expenses of $7,870.                                                         





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