Albert William Dehr, III and Yoeng Yoep Dehr - Page 9

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          automobiles), (2) the time and place of the expenditure or use,             
          (3) the business purpose of the expenditure or use, and (4) the             
          business relationship to the taxpayer of each expenditure or use.           
               "Listed property" includes any passenger automobile and "any           
          other property used as a means of transportation".  Sec.                    
          280F(d)(4)(A)(i) and (ii).  Generally, a passenger automobile is            
          any four-wheeled vehicle made for use on public roads, weighing             
          less than 6,000 pounds.3  Sec. 280F(d)(5)(A).  Property used as a           
          "means of transportation" includes trucks and any other vehicle             
          for transporting persons or goods.  Sec. 1.280F-6T(b)(2),                   
          Temporary Income Tax Regs., 49 Fed. Reg. 42713 (Oct. 24, 1984).             
          Because both petitioners' Lincoln and their pickup truck fall               
          within the definition of listed property, expenses for the use of           
          both must meet the substantiation requirements of section                   
          274(d)(4).                                                                  
               To meet the adequate records requirements of section 274(d),           
          a taxpayer must maintain some form of records and documentary               
          evidence that in combination are sufficient to establish each               
          element of an expenditure or use.  Sec. 1.274-5T(c)(2), Temporary           
          Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985).  Section               
          1.274(d)-1, Income Tax Regs., in part, grants to the Commissioner           
          authority to prescribe rules for mileage allowances for ordinary            


               3Certain special use vehicles are excluded.  Sec.                      
          280F(d)(5)(B).                                                              




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