- 5 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011