Edward L. and Terri L. Pyrdum - Page 6

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                                     Discussion                                       
               Section 162(a) allows a deduction for all ordinary and                 
          necessary expenses incurred in carrying on a trade or business.             
          Section 274(d), however, provides that no deduction is allowed              
          for certain expenses unless the taxpayer “substantiates by                  
          adequate records or by sufficient evidence corroborating the                
          taxpayer’s own statement”, inter alia, the time and place of the            
          travel and the business purpose of the expense.  The deductions             
          that fall within section 274(d) include travel expenses including           
          meals and lodging, sec. 274(d)(1), and deductions “with respect             
          to any listed property (as defined in section 280F(d)(4)”, sec.             
          274(d)(4).  Included within the ambit of “listed property” are              
          passenger automobiles.  Sec. 280F(d)(4)(A)(i).  To substantiate             
          the adequate records requirement for a passenger automobile, “a             
          taxpayer shall maintain an account book, diary, log, statement of           
          expense, trip sheets, or similar record * * * which, in                     
          combination, are sufficient to establish each element of an                 
          expenditure”.  Sec. 1.274-5T(c)(2)(i), Temporary Income Tax                 
          Regs., 50 Fed. Reg. 46017 (Nov. 6, 1985).  To substantiate a                
          business purpose for listed property “the record must contain               
          sufficient information as to each element of every business/                
          investment use.”  Sec. 1.275-5T(c)(2)(ii)(C), Temporary Income              
          Tax Regs., 50 Fed. Reg. 46018 (Nov. 6, 1985).                               








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