- 5 - With respect to the utility expenses, petitioner produced telephone bills in the name of his mother (Helen Smiley) for telephone service at Detroit Lakes from February through July 1995. There is no information as to who paid these expenses or when they were paid. There is no documentation concerning the other expenses claimed. Respondent disallowed the expenses for lack of substantiation and also contends that the claimed expenses were not incurred in an activity entered into for profit. Discussion Section 162(a) allows deductions for ordinary and necessary expenses paid or incurred in carrying on a trade or business. Under section 274(d), however, a taxpayer may not deduct the use of a passenger vehicle and lodging and meal expenses unless he or she substantiates the amount of the expense, the time and place of the travel, and the business purpose of the travel with adequate records or sufficient evidence corroborating his or her statement. See Miner v. Commissioner, T.C. Memo. 1999-358. Generally, "to meet the 'adequate records' requirements of section 274(d), a taxpayer shall maintain an account book, diary, log, statement of expense, trip sheets, or similar record". Sec. 1.274-5T(c)(2)(i), Temporary Income Tax Regs., 50 Fed. Reg. 46017Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011