-11- personal residence. In this regard, respondent's notice of deficiency states, in pertinent part: Taxpayer is an insurance agent and works for various insurance companies as a salesman. Taxpayer stated that he had an office in the home. The taxpayer was asked to provide substantiation for his expense as well as the insurance policy on his home and failed to do so. Taxpayer then stated that his expense is for his car but failed to bring any records to verify this statement. In general, section 274(d) provides that no deduction shall be allowed as a trade or business expense for any traveling expenses or with respect to any listed property, as defined in section 280F(d)(4), unless the taxpayer substantiates by adequate records or by sufficient evidence corroborating the taxpayer's own statement the business purpose of the expense. A passenger automobile is a "listed property" within the purview of section 280F(d)(4). Petitioner failed to provide the requisite substantiation that would enable petitioners to deduct the purported insurance expenses on the automobile allegedly used in connection with petitioner's insurance business. Moreover, respondent did allow a deduction (under the heading "travel expenses", see supra) in the amount of $2,703 as automobile travel expenses incurred in connection with petitioner's insurance business. Accordingly, we sustain respondent's disallowance of the claimed $1,983 of insurance expenses. D. Phone Expenses Respondent disallowed the claimed telephone expenses on thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011