Paul Harrison Duncan - Page 5




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          circumstances, where a taxpayer establishes entitlement to a                
          deduction but does not establish the amount of the deduction, the           
          Court is allowed to estimate the amount allowable.  See Cohan v.            
          Commissioner, 39 F.2d 540 (2d Cir. 1930).  However, section                 
          274(d) overrules the so-called Cohan doctrine and provides that             
          no deduction is allowable under section 162 for any traveling               
          expenses, including meals and lodging while away from home,                 
          unless the taxpayer complies with strict substantiation rules.              
          See sec. 274(d)(1), (4).  Particularly, the taxpayer must                   
          substantiate the amount, time, place, and business purpose of the           
          enumerated types of expenses by adequate records or by sufficient           
          evidence corroborating his own statement.  See sec. 274(d); sec.            
          1.274-5T(b)(2), (6), (c), Temporary Income Tax Regs., 50 Fed.               
          Reg. 46016 (Nov. 6, 1985).                                                  
               Section 274(d) and the regulations thereunder vest the                 
          Secretary with the authority to promulgate regulations that                 
          prescribe alternative methods for substantiating expenses covered           
          by section 274.  See sec. 1.274-5T(j), Temporary Income Tax                 
          Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985).  Pursuant to this                 
          authority, the Secretary issued Rev. Proc. 93-50, 1993-2 C.B.               
          586, providing rules under which the amount of ordinary and                 
          necessary business expenses of an employee for lodging, meals,              
          and/or incidental expenses incurred while traveling away from               
          home will be deemed substantiated for purposes of section 274(d).           





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