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automobiles), (2) the time and place of the expenditure or use,
(3) the business purpose of the expenditure or use, and (4) the
business relationship to the taxpayer of each expenditure or use.
"Listed property" includes any passenger automobile and "any
other property used as a means of transportation". Sec.
280F(d)(4)(A)(i) and (ii). Generally, a passenger automobile is
any four-wheeled vehicle made for use on public roads, weighing
less than 6,000 pounds.3 Sec. 280F(d)(5)(A). Property used as a
"means of transportation" includes trucks and any other vehicle
for transporting persons or goods. Sec. 1.280F-6T(b)(2),
Temporary Income Tax Regs., 49 Fed. Reg. 42713 (Oct. 24, 1984).
Because both petitioners' Lincoln and their pickup truck fall
within the definition of listed property, expenses for the use of
both must meet the substantiation requirements of section
274(d)(4).
To meet the adequate records requirements of section 274(d),
a taxpayer must maintain some form of records and documentary
evidence that in combination are sufficient to establish each
element of an expenditure or use. Sec. 1.274-5T(c)(2), Temporary
Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985). Section
1.274(d)-1, Income Tax Regs., in part, grants to the Commissioner
authority to prescribe rules for mileage allowances for ordinary
3Certain special use vehicles are excluded. Sec.
280F(d)(5)(B).
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