- 4 - or use, and the business purpose for an expenditure or use. Sec. 274(d); sec. 1.274-5T(b)(6), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985). To substantiate a deduction by means of adequate records, a taxpayer must maintain an account book, 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). 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). 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). Respondent disallowed $3,243 of petitioner’s claimed $6,905 deduction for car and truck expenses. Petitioner submitted a so- called log listing his travel expenses. We are not required to accept petitioner’s self-serving statements as gospel. TokarskiPage: Previous 1 2 3 4 5 6 7 Next
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