Theodore L. Sizelove, Sr. and Elaine J. Sizelove - Page 13




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          principal place of business for his trade or business.3  See sec.           
          280A(c)(1)(A).                                                              
          5.  Vehicle Expenses as Employee Business Expenses                          
               Pursuant to section 274(d), 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 with respect to “listed property” unless             
          the taxpayer complies with certain strict substantiation                    
          requirements.  The term “listed property” is defined to include             
          passenger automobiles and other property used as a means of                 
          transportation.  Sec. 280F(d)(4)(A)(i) and (ii).                            
               In order to substantiate the amount of an automobile                   
          expense, the taxpayer must prove the following:  (1) The amount             
          of the expenditure (i.e., cost of maintenance, repairs, or other            
          expenditures); (2) the amount of each business use and the amount           
          of its total use by establishing the amount of its business                 
          mileage and total mileage; (3) time (i.e., the date of the                  
          expenditure or use); and (4) the business purpose for the                   
          expenditure or use.  See sec. 1.274-5T(b)(6)(i) through (iii),              
          Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985).              

               3  Even if the Court were to find that Mr. Sizelove’s tenure           
          as the club’s president constituted a trade or business, the                
          deduction would be limited by sec. 280A(c)(5) to $0.  See Cousino           
          v. Commissioner, T.C. Memo. 1981-19, affd. 679 F.2d 604 (6th Cir.           
          1982).                                                                      






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