Alonzo Bradley and Emma J. Bradley - Page 6

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          carrying on a trade or business.  However, petitioners are not              
          entitled to deduct expenses under section 162(a) for which they             
          have been or could have been reimbursed.  Orvis v. Commissioner,            
          788 F.2d 1406 (9th Cir. 1986) (deduction not allowable to the               
          extent that the employee is entitled to reimbursement from the              
          employer), affg. T.C. Memo. 1984-533; Lucas v. Commissioner, 79             
          T.C. 1, 7 (1982) (same); Kennelly v. Commissioner, 56 T.C. 936,             
          943 (1971) (same), affd. without published opinion 456 F.2d 1335            
          (2d Cir. 1972).                                                             
               In order to deduct unreimbursed vehicle expenses,                      
          petitioners must also substantiate the expenses in accordance               
          with the provisions of section 274.  Section 274(d)(4) provides             
          that no deduction is allowable with respect to listed property,             
          as defined in section 280F(d)(4), unless the deductions are                 
          substantiated in accordance with the strict substantiation                  
          requirements of section 274(d) and the regulations promulgated              
          thereunder.  Included in the definition of listed property in               
          section 280F(d)(4) is any passenger automobile.  Sec.                       
          280F(d)(4)(A)(i).                                                           
               To substantiate a deduction attributable to listed property,           
          a taxpayer must maintain adequate records or present                        
          corroborative evidence to show:  (1) The amount of the expense,             
          (2) the time and place of use of the listed property, and (3) the           
          business purpose for the use.  Sec. 1.274-5T(b)(6), Temporary               
          Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985).                        




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