- 14 - that he is entitled to deduct travel and travel related expenses incurred in California in the pursuit of his business as a contract engineer. Respondent asserts that petitioner did not maintain a tax home during 1989. In addition, respondent contends that petitioner's claimed expenses are not ordinary and necessary business expenses under section 162 and that petitioner has failed to meet the substantiation requirements of section 274(d). Petitioner testified that he incurred the claimed business expenses and that he provided the required substantiation to the Internal Revenue Service. Petitioner, however, has failed to corroborate his testimony. The record is barren of the type of substantiation required by section 274(d). Petitioner did not provide the Court with any records or other evidence setting forth the amount, time, place, and business purpose of the expenditures claimed. See sec. 1.274-5, Income Tax Regs. So, even if the Court were to assume, arguendo, that petitioner's travel and travel related expenditures are deductible under section 162(a)(2), petitioner's failure to substantiate any of those expenses pursuant to section 274(d) requires disallowance of the claimed deduction. Thus, respondent's adjustment increasing petitioner's taxable income as a result of the disallowed employee business expense deduction is sustained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011