N. Joseph Calarco - Page 18

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          relating to certain forms of “listed property.”  For these items,           
          taxpayers must show that an expense was “directly related” to               
          business activity, and must provide the business purpose, amount,           
          and time and place of the expenditure.  Sec. 1.274-5T(b)(2),                
          Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985).              
          We consider petitioner’s claimed deductions in this context.                
          1.   Mileage                                                                
               Section 280F(d)(4)(A)(i) makes a personal automobile “listed           
          property”, and thus subject to enhanced substantiation                      
          requirements.  Section 1.274-5T(c)(1), Temporary Income Tax                 
          Regs., 50 Fed. Reg. 46017 (Nov. 6, 1985) describes those                    
          requirements, and provides that “[w]ritten evidence has                     
          considerably more probative value than oral evidence alone.  In             
          addition, the probative value of written evidence is greater the            
          closer in time it relates to the expenditure or use.” Sec. 1.274-           
          5T(c)(1).  Section 1.274-5T(c)(2)(ii)(C)(2), Temporary Income Tax           
          Regs., 69 Fed. Reg. 32782 (June 10, 2004), specifically                     
          identifies “a record of the business use of listed property, such           
          as a computer or automobile, prepared in a computer memory device           
          with the aid of a logging program” as an adequate written record.           
          Petitioner has provided just such a record.                                 
               Section 1.274-5T(b)(2), Temporary Income Tax Regs., lists              
          the information a taxpayer’s records must contain to substantiate           
          travel away from home.  These are: (1) the amount of the                    
          expenditure; (2) the date of each departure and return and number           




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