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result, petitioner has failed to establish entitlement to a
depreciation deduction. See Cohan v. Commissioner, 39 F.2d 540,
543-544 (2d Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 743
(1985).
C. Travel and Meals
Petitioner claimed deductions for business-related travel,
business meals, and automobile expenses. Section 274(d) allows a
deduction for travel expenses if the taxpayer satisfies strict
substantiation requirements through either adequate records or
the taxpayer's own detailed statement that is corroborated by
sufficient evidence. The substantiation requirements of section
274(d) also apply to “listed property”, which includes any
passenger automobile. Secs. 274(d)(4), 280F(d)(4)(A)(i).14 At a
minimum, the taxpayer must establish: (1) The amount of the
expense; (2) the time and place the expense was incurred; (3) the
business purpose of the expense; and (4) the business
relationship to the taxpayer of any persons entertained or using
the property. See sec. 274(d).
Petitioner claimed a deduction of $820 for car and truck
expenses. Petitioner points to his 1993 Schedule C and 1993 Form
14The rule under Cohan v. Commissioner, 39 F.2d 540 (2d Cir.
1930), is not applicable to deductions subject to the
substantiation requirements of sec. 274(d). See Sanford v.
Commissioner, 50 T.C. 823, 828 (1968), affd. per curiam 412 F.2d
201 (2d Cir. 1969); sec. 1.274-5T(a)(4), Temporary Income Tax
Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985).
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