David E. Benson - Page 11




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               The recordkeeping requirements of section 274(d) will                  
          preclude petitioner from deducting any expenditure otherwise                
          allowable under section 162(a) for a gift unless he substantiates           
          the requisite elements of each such expenditure.  See sec.                  
          274(d); sec. 1.274-5T(a), 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                    
               made at or near the time of the expenditure or use,                    
               supported by sufficient documentary evidence, has a                    
               high degree of credibility not present with respect to                 
               a statement prepared subsequent thereto when generally                 
               there is a lack of accurate recall.  Thus, the corrobo-                
               rative evidence required to support a statement not                    
               made at or near the time of the expenditure or use must                
               have a high degree of probative value to elevate such                  
               statement and evidence to the level of credibility                     
               reflected by a record made at or near the time of the                  
               expenditure or use supported by sufficient documentary                 
               evidence.  The substantiation requirements of section                  
               274(d) are designed to encourage taxpayers to maintain                 
               the records, together with documentary evidence, as                    
               provided in paragraph (c)(2) of this section [1.274-5T,                
               Temporary Income Tax Regs.].                                           
          Sec. 1.274-5T(c)(1), Temporary Income Tax Regs., 50 Fed. Reg.               
          46016-46017 (Nov. 6, 1985).                                                 
               The elements that a taxpayer must prove with respect to an             
          expenditure for a gift are:  (1) The amount of each expenditure             






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