Kenneth Miles and Michon Snow Tesar - Page 16

                                       - 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