- 5 - expenses incurred in carrying on a trade or business during the taxable year. The question of whether an expenditure satisfies the requirements of section 162 is one of fact. Commissioner v. Heininger, 320 U.S. 467 (1943). Section 274(d) provides guidance with respect to certain deductions. Specifically, it sets forth technical rules for substantiation of expenses relating to travel and meals. Deductions are a matter of legislative grace, and a taxpayer bears the burden of proving that he or she is entitled to any deductions claimed.2 Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). Accordingly, petitioner must show that she incurred and/or paid the expense as an ordinary and necessary expense of her business. For expenses covered under section 274(d), petitioner must produce (1) adequate records or (2) sufficient evidence to corroborate her own statements. Sec. 1.274-5T(c)(1), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985). Adequate records include such things as an account book, diary, log, statement of expense, or other similar record in which entries of expenses are recorded at or near the time of the expense. Id. In addition, petitioner must produce documentary evidence such as receipts or paid bills. Sec. 1.274- 2 Because the examination commenced prior to July 22, 1998, sec. 7491 burden of proof and production standards are not applicable. See sec. 7491.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011