Daniela Aldea - Page 11




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          540 (2d Cir. 1930), under which we may approximate expenses in              
          certain cases where the exact amount of expense cannot be                   
          determined.  See sec. 1.274-5T(a), Temporary Income Tax Regs., 50           
          Fed. Reg. 46015 (Nov. 6, 1985).                                             
               The elements that must be substantiated to deduct business             
          use of an automobile are:  (1) The amount of the expenditure; (2)           
          the mileage for each business use of the automobile and the total           
          mileage for all use of the automobile during the taxable period;            
          (3) the date of the business use; and (4) the business purpose of           
          the use of the automobile.  See sec. 1.274-5T(b)(6), Temporary              
          Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985).                        
               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.  See sec. 1.274-5T(c)(2),                 
          Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985).  A           
          contemporaneous log is not required, but corroborative evidence             
          to support a taxpayer's reconstruction of the elements of                   
          expenditure or use must have "a high degree of probative value to           
          elevate such statement" to the level of credibility of a                    
          contemporaneous record.  Sec. 1.274-5T(c)(1), Temporary Income              
          Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985).                               
               Petitioner testified that she carried a calendar with her in           
          her car and filled it out each day, recording any Amway business            







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