- 16 - performed services because such amounts represent nondeductible commuting costs. Generally, section 162 allows a deduction for all ordinary and necessary expense incurred or paid in carrying on a trade or business, subject to the strict substantiation requirements of section 274(d). Section 274(d) requires substantiation of any expense incurred or paid with respect to certain listed property. Listed property includes automobiles. Sec. 280F(d)(4). Section 274(d) requires substantiation of these expenses either by "adequate records or by sufficient evidence corroborating the taxpayer's own statement". Sec. 274(d). The records must show the amount, date, and business purpose of each expense or business use. Id.; sec. 1.274-5T(b)(6), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985). Generally, in order to be adequate, records must be written and must be prepared or maintained such that a record of each element of an expenditure or use that must be substantiated is made at or near the time of such expenditure or use when the taxpayer has full present knowledge of each element. Sec. 1.274-5T(c)(2)(ii)(C), Temporary Income Tax Regs., 50 Fed. Reg. 46018 (Nov. 6, 1985). In the alternative, each element of an expenditure or use must be established by the taxpayer's own written or oral statement "containing specific information in detail as to each element" combined with corroborative evidence to establish such element.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011