- 24 - Additionally, section 274(d) requires, in the case of claimed deductions for business use of passenger automobiles, that taxpayers substantiate the amount of business use. In order to substantiate a deduction attributable to listed property, a taxpayer must maintain adequate records to show the amount of the expense, the time and place of use, and the business purpose for the use. See, e.g., Whalley v. Commissioner, T.C. Memo. 1996- 533. To substantiate a deduction by means of adequate records, a taxpayer must maintain an account book, a log, a statement of expense, or trip sheets to establish the element of use. See sec. 1.274-5T(c)(2)(i), Temporary Income Tax Regs., 50 Fed. Reg. 46017 (Nov. 6, 1985). Petitioner did not produce any records concerning personal versus business use of the vehicles. Respondent allowed petitioner 50 percent of the claimed depreciation on the basis of oral testimony during the audit examination and the nature of and facts surrounding petitioner’s business. At trial, petitioner presented no evidence other than uncorroborated and undocumented oral testimony. Accordingly, respondent’s determination on this issue is sustained. 5. Olympic’s Expenses Paid by Petitioner Petitioner claimed several deductions in its 1992 tax year for expenses that were paid on behalf of Olympic. These deductions included $10,931 for legal expenses, $6,128 forPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011