James L. Christian - Page 5




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          of $6,660 to rent the apartment during 1993 and deducted $5,328             
          as rent expense for other business property.                                
               Petitioner’s claimed deduction of apartment rent must be               
          disallowed because he failed to provide the substantiation                  
          required by section 274(d).                                                 
               Taxpayers are permitted to deduct the expenses of a second             
          residence as travel expenses where the expenses are reasonable              
          and necessary, incurred while away from home, and incurred in               
          pursuit of business.  See sec. 162(a)(2); Commissioner v.                   
          Flowers, 326 U.S. 465, 470 (1946).  Travel expense deductions are           
          permitted under section 162 only if the substantiation                      
          requirements of section 274(d) are met.  This includes deductions           
          for lodging while away from home.  See sec. 274(d)(1); Shea v.              
          Commissioner, 112 T.C. 183, 188 (1999).  The minimum requirements           
          include substantiating the amount of the expense, the time and              
          place of the travel or use of the facility or property, and the             
          business purpose of the expense.  See sec. 274(d).  A taxpayer              
          must substantiate each individual expenditure by producing (1)              
          adequate records or (2) sufficient evidence to corroborate his or           
          her own statements.  See sec. 1.274-5T(c)(1), Temporary Income              
          Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985).                               
               To meet the adequate records standard, the taxpayer must               
          maintain an account book, diary, log, statement of expenses, or             
          other similar record in which entries are made at or near the               






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