Jerry Howard-Crowley - Page 12

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          Cohan.  See sec. 1.274-5T(c)(2), Temporary Income Tax Regs., 50             
          Fed. Reg. 46017 (Nov. 6, 1985).  Section 274(d) provides that no            
          deduction shall be allowed with respect to the use of any "listed           
          property", as defined in section 280F(d)(4), unless the taxpayer            
          substantiates certain elements. "Listed property" includes any              
          property used as a means of transportation, and any computer or             
          peripheral equipment.  Sec. 280F(d)(4)(A)(ii), (iv).                        
               For an expense described in the above category, the taxpayer           
          must substantiate by adequate records or sufficient evidence to             
          corroborate the taxpayer's own testimony:  (1) The amount of the            
          expenditure or use on the basis of the appropriate measure                  
          (mileage may be used in the case of automobiles); (2) the time              
          and place of the expenditure or use; and (3) the business purpose           
          of the expenditure or use.                                                  
               To meet the adequate records requirements of section 274, a            
          taxpayer must maintain some form of records and documentary                 
          evidence that in combination are sufficient to establish each               
          element of an expenditure or use.  See sec. 1.274-5T(c)(2),                 
          Temporary Income Tax Regs., supra.  A contemporaneous log is not            
          required, but corroborative evidence to support a taxpayer's                
          reconstruction of the elements of expenditure or use must have "a           
          high degree of probative value to elevate such statement" to the            
          level of credibility of a contemporaneous record.  Sec. 1.274-              








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