Howard K. Hager - Page 8




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          to verify that the expenditures were made in 2002, and he did not           
          testify as to these claimed expenses.  See secs. 446(a), (c),               
          461(a), 6001.  Without more, the Court concludes that he has not            
          substantiated the deductions nor provided any sufficient evidence           
          for the Court to make a rational estimate.  Therefore, he is not            
          entitled to the deductions, and respondent’s determinations are             
          sustained.                                                                  
               C.  Expenses Subject to Section 274(d)                                 
               Section 274(d) supersedes the Cohan rule, and the Court                
          cannot estimate a taxpayer’s expenses with respect to certain               
          items.  See Sanford v. Commissioner, 50 T.C. 823, 827, (1968),              
          affd. per curiam 412 F.2d 201 (2d Cir. 1969).  Section 274(d)               
          provides that no deduction is allowable for expenses related to:            
          (1) Travel; (2) amusement, recreation, or entertainment;                    
          (3) gifts; or (4) “listed property”, unless the taxpayer complies           
          with certain strict substantiation requirements.  To satisfy the            
          strict substantiation requirements, the taxpayer must                       
          substantiate the amount, the time and place of the travel or                
          entertainment, the use of the property or facility, the date and            
          description of the gift, the business purpose of an expense, and            
          the business relationship to the taxpayer of the persons                    
          entertained or receiving the gift.  See sec. 274(d); sec.                   
          1.274-5T, Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6,           
          1985).  If the amount is not substantiated by adequate records or           







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