- 6 - Sec. 274(d). Listed property includes any passenger automobile or any other property used as a means of transportation. Sec. 280F(d)(4)(A)(i) and (ii). A taxpayer is required by section 274(d) to substantiate a claimed expense by adequate records or by sufficient evidence corroborating the taxpayer’s own statement establishing the amount, time, place, and business purpose of the expense. Sec. 274(d). Even if such an expense would otherwise be deductible, the deduction may still be denied if there is insufficient substantiation to support it. Sec. 1.274-5T(a), Temporary Income Tax Regs., supra. 1. Car and Truck At trial, petitioner’s testimony as to the car and truck expense was confusing and inconsistent. As stated above, section 274 requires strict substantiation for deductions claimed for transportation in a passenger car. Petitioner testified that he used the actual mileage to calculate the $4,900 car and truck expense. Steven Sheeley, the Internal Revenue Service agent who handled petitioner’s audit, testified that petitioner explained at audit that he calculated the amount of this deduction on a per mile allocation; i.e., 20,000 business miles at 31 cents per mile. Despite the apparent conflict in testimony, the rule for substantiating car and truck expenses is clear. Petitioner is required to provide a mileage log establishing the amount, time,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011