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Commissioner, supra at 544. See sec. 274(d); sec. 1.274-
5T(c)(2), Temporary Income Tax Regs., 50 Fed. Reg. 46017 (Nov. 6,
1985). The term “listed property” includes passenger
automobiles. Sec. 280F(d)(4)(A)(i). For deductions to which
section 274 applies, taxpayers must substantiate certain elements
of the deductible activity or use through either adequate records
or sufficient evidence corroborating the taxpayer’s own
statement. Sec. 274(d). If a taxpayer cannot satisfy the
substantiation burden imposed by section 274(d) with respect to a
deduction to which it applies, he fails to carry his burden of
establishing that he is entitled to deduct that expense,
regardless of any equities involved. Sec. 274(d); Nicely v.
Commissioner, T.C. Memo. 2006-172; sec. 1.274-5T(a), Temporary
Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985). Generally,
taxpayers must substantiate each required element of an
expenditure or use. Sec. 1.274-5T(b)(1), Temporary Income Tax
Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985). At a minimum, a
taxpayer must substantiate: (1) The amount of the expense, (2)
the time and place the expense was incurred, (3) the business
purpose of the expense, and (4) the business relationship to the
taxpayer of other persons benefited by the expense, if any. Sec.
274(d); Shea v. Commissioner, 112 T.C. 183, 187 (1999).
To substantiate the business deductions he claimed on his
2001 and 2002 income tax returns, petitioner presented a
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