- 19 - may exclude all or part of the prorated annual lease value of the automobile as a working condition fringe under section 132. Sec. 1.132-5(c)(2), Income Tax Regs. Section 274(d)(4) requires a taxpayer to substantiate, by adequate records or by sufficient evidence corroborating the taxpayer’s own statement, the following four elements before a deduction or credit with respect to the alleged business use of an automobile will be allowed: (1) The amount of the expenditure; (2) the mileage for each business use of the automobile and the total mileage for all use of the automobile during the taxable period; (3) the date of the business use; and (4) the business purpose of the use of the automobile. Sec. 1.274-5T(b)(6), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985). Although the applicable regulations provide considerable guidance to employees who, like Deborah, seek to exclude a portion of the value of a company-supplied automobile from their income as a working condition fringe and are required to substantiate their business use of the automobile, e.g., sec. 1.132-5(c) through (f), Income Tax Regs.; sec. 1.274-5T(b)(6) and (c), (e), Temporary Income Tax Regs., 50 Fed Reg. 46016 (Nov. 6, 1985); sec. 1.274-6T, Temporary Income Tax Regs., 50 Fed. Reg. 46037 (Nov. 6, 1985), Deborah’s effort to substantiate business use consisted solely of general testimony that she used thePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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