Thomas W. Burton - Page 5




                                        - 4 -                                         
          sec. 1.6001-1(a), Income Tax Regs.                                          
               Generally, except as otherwise provided by section 274(d),             
          when evidence shows that a taxpayer incurred a deductible                   
          expense, but the exact amount cannot be determined, the Court may           
          approximate the amount bearing heavily if it chooses against the            
          taxpayer whose inexactitude is of his own making.  Cohan v.                 
          Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930).  The Court,              
          however, must have some basis upon which an estimate can be made.           
          Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985).                       
               Section 274(d) imposes stringent substantiation requirements           
          for the deduction of travel and entertainment expenses.                     
          Taxpayers must substantiate by adequate records the following               
          items in order to claim these deductions:  The amount of such               
          expense, the time and place of the travel or entertainment, the             
          business purpose of the expense, and the business relationship to           
          the taxpayer of persons entertained.  Sec. 274(d); sec. 1.274-              
          5T(b)(2) and (3), Temporary Income Tax Regs., 50 Fed. Reg. 46014-           
          46015 (Nov. 6, 1985).  To substantiate a travel or meals and                
          entertainment deduction by means of adequate records, a taxpayer            
          must maintain an account book, diary, log, statement of expense,            
          trip sheet, and/or other documentary evidence which, in                     
          combination, are sufficient to establish each element of                    
          expenditure or use.  Sec. 1.274-5T(c)(2)(i), Temporary Income Tax           
          Regs., 50 Fed. Reg. 46017 (Nov. 6, 1985).  Travel and meals and             
          entertainment expenses cannot be estimated under Cohan.  Shea v.            
          Commissioner, 112 T.C. 183, 188 (1999); sec. 1.274-5T(a),                   





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011