- 5 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011