- 5 - However, certain business deductions described in section 274 are subject to rules of substantiation that supersede the Cohan doctrine. Section 274(d) provides that no deduction shall be allowed with respect to: (a) Any traveling expense, including meals and lodging away from home; (b) any item with respect to an activity of a type generally considered to be entertainment, amusement, or recreation; or (c) the use of any “listed property”, as defined in section 280F(d)(4) unless the taxpayer substantiates certain elements. Passenger automobiles are listed property under section 280F(d)(4)(A)(i). Under section 274, a taxpayer must substantiate the amount, time, and business purpose of the expenditures and must provide adequate records or sufficient evidence to corroborate his own statement. See sec. 1.274-5T(c)(1), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985). Adequate records are defined as an account book, diary, log, statement of expense, trip sheet, or similar record. See sec. 1.274-5T(c)(2), Temporary Income Tax Regs., 50 Fed. Reg. 46017 (Nov. 6, 1985). When a taxpayer’s records have been destroyed or lost due to circumstances beyond his control, such as destruction by fire, flood, earthquake, or other casualty, the taxpayer has the right to substantiate his deductions by reasonable reconstruction of his expenditures. See sec. 1.274-5T(c)(5), Temporary Income Tax Regs., 50 Fed. Reg. 46022 (Nov. 6, 1985). A taxpayer in this situation may reconstruct his expenses through other crediblePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011