- 17 - discussed during any such meals. Based on the instant record, we find that petitioner has failed to establish that the meal expen- ses incurred during 1989 were ordinary and necessary expenses that were incurred in connection with his rental real estate activities. Petitioner also failed to establish that he satisfied the substantiation requirements of section 274(d).10 A taxpayer may satisfy the substantiation requirements of section 274(d) by adequate records or by sufficient evidence corroborating his or her own statement. Sec. 1.274-5(c)(1), Income Tax Regs. To meet the adequate records requirements of section 1.274-5(c)(1), Income Tax Regs., a taxpayer must keep an account book, diary, or similar document that records information required by section 10 Sec. 274(d) provides in pertinent part: (d) SUBSTANTIATION REQUIRED.--No deduction or credit shall be allowed-- * * * * * * * (2) for any item with respect to an activity which is of a type generally considered to constitute entertainment, amusement, or recreation, or with respect to a facility used in connection with such an activity, * * * * * * * unless the taxpayer substantiates by adequate records or by sufficient evidence corroborating the taxpayer's own state- ment (A) the amount of such expense or other item, (B) the time and place of the * * * entertainment, amusement, re- creation, or use of the facility or property, * * * (C) the business purpose of the expense or other item, and (D) the business relationship to the taxpayer of persons enter- tained * * *.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011