- 4 - Discussion Expenses Subject to Section 274(d) Respondent contends that petitioners did not adequately substantiate the car and truck expenses deducted on their return, citing section 274(d). Because the disputed amount of $3,194 was claimed for Mrs. Jacobsen and identified as vehicle expenses and meals and entertainment expenses, the same considerations apply to those items. Sec. 274(d)(2), (4). Section 274(d) provides in part as follows: SEC. 274(d). Substantiation Required.--No deduction or credit shall be allowed-– (1) under section 162 or 212 for any traveling expense (including meals and lodging while away from home), (2) for any item with respect to an activity which is of a type generally considered to constitute entertainment, amusement, or recreation, or with respect to a facility used in connection with such an activity, (3) for any expense for gifts, or (4) with respect to any listed property (as defined in section 280F(d)(4)), unless the taxpayer substantiates by adequate records or by sufficient evidence corroborating the taxpayer’s own statement (A) the amount of such expense or other item, (B) the time and place of the travel, entertainment, amusement, recreation, or use of the facility or property, or the date and description of the gift, (C) the business purpose of the expense or other item, and (D) the business relationship to the taxpayer of persons entertained, using the facility or property, or receiving the gift. The Secretary may by regulations provide that some or all of the requirements of the preceding sentence shall not applyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011