Royal and Shelly Spence Wiley - Page 8




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          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 business             





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