- 7 - 274(d), a taxpayer "shall maintain an account book, diary, log, statement of expense, trip sheets, or similar record * * * and documentary evidence * * * which, in combination, are sufficient to establish each element of an expenditure". Sec. l.274- 5T(c)(2)(i), Temporary Income Tax Regs., 50 Fed. Reg. 46017 (Nov. 6, 1985). (Emphasis added.) The elements to be proven with respect to each traveling expense are the amount, time, place, and business purpose of the travel. Sec. l.274-5T(b)(2), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985). The substantiation requirements of section 274(d) are designed to encourage taxpayers to maintain records, together with documentary evidence substantiating each element of the expense sought to be deducted. Sec. l.274-5T(c)(l), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985). Petitioners presented no records or other documentary information that would satisfy the requirements of section 274(d) and the regulations cited. Moreover, to the extent petitioner used his vehicle locally and not for travel away from home within the intent and meaning of section 162(a)(2), such expenses are also subject to the same substantiation requirements because section 274(d) includes transportation expenses incurred in the use of "listed property" as defined in section 280F(d)(4). A passenger automobile is listed property. Sec. 280F(d)(4)(A)(i) and (ii). Similarly, any computer or peripheral equipment not used at a regular businessPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011