Brian F. Nicely - Page 6

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          satisfy the requirements of not only section 162(a) but also                
          section 274(d).  To the extent that petitioner carries his burden           
          of showing that the expenses at issue for the use of his automo-            
          bile and for meals satisfy the requirements of section 162(a) but           
          fails to satisfy his burden of showing that such expenses satisfy           
          the recordkeeping requirements of section 274(d), petitioner will           
          have failed to carry his burden of establishing that he is                  
          entitled to deduct such expenses, regardless of any equities                
          involved.  See sec. 274(d); sec. 1.274-5T(a), Temporary Income              
          Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985).                               
               The recordkeeping requirements of section 274(d) will                  
          preclude petitioner from deducting amounts otherwise allowable              
          under section 162(a) with respect to the use of his automobile or           
          expenditures for meals while traveling away from home on business           
          unless he substantiates the requisite elements of each such use             
          or expenditure.  See sec. 274(d); sec. 1.274-5T(b)(1), Temporary            
          Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985).  A taxpayer            
          is required to                                                              
               substantiate each element of an expenditure or use                     
               * * * by adequate records or by sufficient evidence                    
               corroborating his own statement.  Section 274(d) con-                  
               templates that a taxpayer will maintain and produce                    
               such substantiation as will constitute proof of each                   
               expenditure or use referred to in section 274.  Written                
               evidence has considerably more probative value than                    
               oral evidence alone.  In addition, the probative value                 
               of written evidence is greater the closer in time it                   
               relates to the expenditure or use.  A contemporaneous                  
               log is not required, but a record of the elements of an                
               expenditure or of a business use of listed property                    

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