Sean M. and Julie M. Riley - Page 17




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               Petitioners have not substantiated that they are entitled to           
          a depreciation deduction.  Further, we are unable to estimate any           
          amount for depreciation under the Cohan rule because the evidence           
          petitioners introduced is inadequate.  Petitioners are therefore            
          not entitled to deduct any amount for depreciation.                         
          Expenses Subject to Strict Substantiation Requirements                      
               We now consider those expenses that are subject to the                 
          additional strict substantiation requirements under section                 
          274(d).  Expenses subject to strict substantiation may not be               
          estimated under the Cohan rule.  Sanford v. Commissioner, 50 T.C.           
          at 827.                                                                     
          Cellular Phone Expenses                                                     
               Petitioners claimed $960 of cellular phone expenses for                
          2003.  Cellular phones are included in the definition of “listed            
          property” for purposes of section 274(d)(4) and are thus subject            
          to the strict substantiation requirements.  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).                                                       
               Petitioners provided copies of their cellular phone bills,             
          but they failed to establish that they incurred any expenses to             







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