- 15 - to the strict substantiation requirements. Sec. 280F(d)(4)(A)(v); Gaylord v. Commissioner, T.C. Memo. 2003-273. A taxpayer must establish the amount of business use and the amount of total use for the property to substantiate the amount of expenses for listed property. Nitschke v. Commissioner, T.C. Memo. 2000-230; sec. 1.274-5T(b)(6)(i)(B), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985). Expenses subject to strict substantiation may not be estimated under the Cohan rule. Sanford v. Commissioner, supra at 827. Petitioners did not prove that NWA required Mr. McKeown to have a cellular phone. Petitioners introduced evidence that NWA required employees to have a telephone, but not necessarily a cellular phone. Petitioners introduced copies of checks made out to cellular phone providers totaling approximately $2,350 but admitted at trial that they could not explain how they calculated the $1,800 they claimed. Moreover, the amounts petitioners paid for cellular telephones for 2003 included charges for the cellular phones used by Mrs. McKeown and petitioners’ daughter. Petitioners did not offer any evidence of how much of the cellular phone expenses was for Mr. McKeown’s business use and how much for personal use. Petitioners are therefore not entitled to deduct any cellular phone expenses for 2003.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 10, 2007