- 28 - (a) General Rule--No deduction shall be allowed for-- (1) Premiums paid on any life insurance policy covering the life of any officer or employee, or of any person financially interested in any trade or business carried on by the taxpayer, when the taxpayer is directly or indirectly a beneficiary under such policy. Since Byrne was an officer of petitioner, and since petitioner was a beneficiary of the policy, petitioner may not deduct the premium it paid on that policy. Merrimac Hat Corp. v. Commissioner, 29 B.T.A. 690 (1934); Klinck v. Commissioner, a Memorandum Opinion of this Court dated Dec. 31, 1952. Respondent argues that petitioner was not entitled to deduct automobile expenses due to lack of business purpose and substantiation. Section 274(d) imposes stringent substantiation requirements for travel, entertainment, gifts, and "listed property (as defined in section 280F(d)(4))". Passenger automobiles are listed property under section 280F(d)(4)(i). Section 274(d) denies these deductions unless: the taxpayer substantiates by adequate records or by sufficient evidence corroborating the taxpayer's own statement (A) the amount of such expense or other item, (B) the time and place of the travel, entertainment, amusement, recreation, or use of the facility or property, or the date and description of the gift, (C) the business purpose of the expense or other item, and (D) the business relationship to the taxpayer of persons entertained, using the facility or property, or receiving the gift. * * * Under section 274(d), deductions for automobile expenses or travel expenses may not be estimated. Instead the taxpayer mustPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011