Christopher K. and Brenda M. Cox, et al. - Page 19




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          may exclude all or part of the prorated annual lease value of the           
          automobile as a working condition fringe under section 132.  Sec.           
          1.132-5(c)(2), Income Tax Regs.                                             
               Section 274(d)(4) requires a taxpayer to substantiate, by              
          adequate records or by sufficient evidence corroborating the                
          taxpayer’s own statement, the following four elements before a              
          deduction or credit with respect to the alleged business use of             
          an automobile will be allowed:  (1) The amount of the                       
          expenditure; (2) the mileage for each business use of the                   
          automobile and the total mileage for all use of the automobile              
          during the taxable period; (3) the date of the business use; and            
          (4) the business purpose of the use of the automobile.  Sec.                
          1.274-5T(b)(6), Temporary Income Tax Regs., 50 Fed. Reg. 46016              
          (Nov. 6, 1985).                                                             
              Although the applicable regulations provide considerable               
          guidance to employees who, like Deborah, seek to exclude a                  
          portion of the value of a company-supplied automobile from their            
          income as a working condition fringe and are required to                    
          substantiate their business use of the automobile, e.g., sec.               
          1.132-5(c) through (f), Income Tax Regs.; sec. 1.274-5T(b)(6) and           
          (c), (e), Temporary Income Tax Regs., 50 Fed Reg. 46016 (Nov. 6,            
          1985); sec. 1.274-6T, Temporary Income Tax Regs., 50 Fed. Reg.              
          46037 (Nov. 6, 1985), Deborah’s effort to substantiate business             
          use consisted solely of general testimony that she used the                 






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