Gregory M. Bestor - Page 6




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          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)(4) imposes stringent substantiation                     
          requirements for the deduction of certain listed property as                
          defined under section 280F(d)(4).  Listed property, as defined in           
          section 280F(d)(4), includes any passenger automobile or any                
          other property used as a means of transportation.  Taxpayers must           
          substantiate by adequate records the following items in order to            
          deduct any car and truck expenses (including depreciation):  The            
          amount of each separate expenditure, the listed property’s                  
          business and total usage, the date of the expenditure or use, and           
          the business purpose for an expenditure or use.  Sec. 274(d);               
          sec. 1.274-5T(b)(6), Temporary Income Tax Regs., 50 Fed. Reg.               
          46016 (Nov. 6, 1985).  To substantiate a deduction by means of              
          adequate records, a taxpayer must maintain an account book,                 
          diary, log, statement of expense, trip sheets, and/or other                 
          documentary evidence, which, in combination, are sufficient to              






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