Daniel A. Aregoni - Page 9

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          “a high degree of probative value to elevate such statement and             
          evidence” to the level of credibility of a contemporaneous                  
          record.  Sec. 1.274-5T(c)(1), Temporary Income Tax Regs., 50 Fed.           
          Reg. 46017 (Nov. 6, 1985).  Thus, no deduction for expenses under           
          section 274(d) may be allowed on the basis of any approximation             
          or the unsupported testimony of the taxpayer.  See, e.g., Murata            
          v. Commissioner, T.C. Memo. 1996-321; Golden v. Commissioner,               
          T.C. Memo. 1993-602.                                                        
               In this case, petitioner has attempted to substantiate his             
          expenditures through secondary and incomplete documentation.  In            
          particular, petitioner offered credit card statements and a                 
          reconstructed summary of his expenditures.  Respondent reviewed             
          petitioner’s documents and, after performing a perfunctory                  
          analysis, contends that most of the expenditures were for                   
          transportation and entertainment.  Respondent further contends              
          that the submitted documents do not meet the more stringent                 
          requirements of section 274(d).  Petitioner, on the other hand,             
          contends that all of the relevant expenditures represented by               
          these documents were incurred in connection with his financial              
          consulting business activity.                                               
               At trial, petitioner testified that the original documents,            
          which substantiate his claimed job expenses and other                       
          miscellaneous deductions, are on his hard drive and in files at             
          Merrill Lynch.  However, petitioner has not submitted those                 






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