- 26 - Petitioner argues that he should be allowed to deduct certain expenses to which section 274(d) applies because the records he produced at trial satisfy the substantiation requirements of section 1.274-5T(c)(5), Temporary Income Tax Regs., 50 Fed. Reg. 46022 (Nov. 6, 1985), which allow a taxpayer to reconstruct reasonably his business expenses when original documents are lost or destroyed through no fault of the taxpayer. Respondent argues that petitioner failed to present credible evidence to substantiate that he incurred business expenses and that petitioner has not provided the Court with a sufficient basis on which to make a Cohan estimation. Respondent also argues that petitioner has not met the heightened substantiation requirements imposed by section 274(d) for those deductions to which section 274(d) applies. At trial, petitioner produced the following: photocopies of checks drafted on the RBS account for 2000, 2001, and 2002; a copy of a rental receipt for Western Springs Rec Center for 2001; an itemized hotel receipt dated May 28, 2000, in the amount of $1,654.86; itemized hotel receipts dated July 31, 2002, in the aggregate amount of $2,215.18; an itemized American Express bill; and, an itemized cellular phone bill. Upon review of the canceled checks provided by petitioner, it is impossible to determine whether the checks were written for petitioner’s personal expenses. We find petitioner’s testimonyPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: November 10, 2007