David Llewellyn and Kay Marie Rose - Page 10




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          to a deduction but does not establish the amount of the                     
          deduction, the Court is allowed to estimate an allowable amount.            
          Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930).  However,                
          section 274(d) precludes use of the so-called Cohan rule and                
          provides that no deduction is allowable under section 162 for any           
          traveling expenses, including meals and lodging while away from             
          home unless the taxpayer complies with strict substantiation                
          rules.  Sec. 274(d)(1), (4).  Particularly, the taxpayer must               
          substantiate the amount, time, place, and business purpose of the           
          enumerated types of expenses by adequate records or by sufficient           
          evidence corroborating his own statement.  Sec. 274(d); sec.                
          1.274-5T(b)(2), (6), (c), Temporary Income Tax Regs., 50 Fed.               
          Reg. 46014, 46016 (Nov. 6, 1985).                                           
               To address circumstances under which it would be                       
          impracticable or overly burdensome to require detailed                      
          documentary evidence, section 274(d) and the regulations                    
          thereunder vest the Secretary with the authority to promulgate              
          regulations that prescribe alternative methods for substantiating           
          expenses covered by section 274.  Sec. 1.274-5T(j), Temporary               
          Income Tax Regs., 50 Fed. Reg. 46032 (Nov. 6, 1985).  Pursuant to           
          this authority, the Secretary issued Rev. Proc. 94-77, 1994-2               
          C.B. 825; Rev. Proc. 96-28, 1996-1 C.B. 686; and Rev. Proc. 96-             
          64, 1996-2 C.B. 427, in effect for the years 1995, 1996, and                
          1997, respectively, providing rules under which the amount of               





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