- 7 - Meals and Entertainment Expenses Petitioner claimed a deduction for meals and entertainment expenses in the amount of $8,240, after accounting for the section 274(n)(1) 80-percent limitation. In the statutory notice of deficiency, respondent disallowed $5,804 of the claimed deduction. Respondent argues that petitioner has failed to substantiate his meals and entertainment expenses in excess of the amount allowed in the statutory notice of deficiency. Section 162(a) allows a deduction for the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. Section 274(d) provides that no deduction shall be allowed with respect to any traveling expense, including meals while away from home, or for any entertainment expenses, unless the taxpayer meets strict substantiation requirements. Sec. 274(d)(1) and (2). In particular, the taxpayer must substantiate by adequate records or by sufficient evidence corroborating the taxpayer's own statement the amount, time, place, and business purpose of the expense. Sec. 274(d). Petitioner submitted some receipts for the claimed meals and entertainment expenses. He also submitted copies of his daily planner along with weekly charts on which he listed the amount and purpose of the expenses he allegedly paid during 1992 in the course of his real estate activity. Respondent's revenue agent, Marci Coopersmith, examined petitioner's daily planner, weekly charts, and other receiptsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011