- 10 - all of petitioner’s work sites were south of Sacramento. Accordingly, we uphold respondent’s determination that petitioner is not entitled to deduct automobile expenses for transportation to her temporary jobsites. Schedule C Automobile Expenses Respondent contends petitioner is not entitled to a deduction for $809 of the $1,801 in car and truck expenses she claimed on her 1995 Schedule C because she has not substantiated the mileage she drove for her Amway activities, nor has she presented evidence of the total miles she drove during 1995. Petitioner maintains that she has substantiated mileage from her Amway activity, and thus is entitled to a deduction for the full $1,801 she claimed on her return. Section 274(d) imposes stringent substantiation requirements for claimed deductions relating to the use of “listed property”, which is defined under section 280F(d)(4)(A)(i) to include passenger automobiles. Under this provision, any deduction claimed with respect to the use of a passenger automobile will be disallowed unless the taxpayer substantiates specified elements of the use by adequate records or by sufficient evidence corroborating the taxpayer’s own statement. See sec. 274(d); sec. 1.274-5T(c)(1), Temporary Income Tax Regs., 50 Fed. Reg. 46018 (Nov. 6, 1985). These substantiation requirements supersede the doctrine found in Cohan v. Commissioner, 39 F.2dPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011