- 14 - regulations state: “it is to the advantage of taxpayers who may be called upon to substantiate expense account information to maintain as adequate and detailed records of * * * business expenses as practical since the burden of proof is upon the taxpayer”. Sec. 1.162-17(d)(2), Income Tax Regs. The regulations further suggest that the taxpayer keep a diary or contemporaneous record of expenditures. Petitioner did neither. Although he claimed $1,500 in expenses for business meetings, petitioner offered no testimony or written documentation substantiating these expenses. Therefore, the Court sustains respondent on this issue. As to the deduction for telephone expenses, petitioner’s testimony was vague with respect to his cellular phone bills and offered only minimal written documentation.10 Cellular phones are classified as “listed property” and thus subject to strict substantiation requirements. Secs. 274(d)(4), 280F(d)(4)(A)(v). Therefore, in order to deduct use of a cellular phone as a business expense, the taxpayer must produce adequate records or other evidence showing (1) the amount of the expenses; (2) the time and place of the use; (3) the business purpose; and (4) the business relationship to the property. Petitioner failed to meet any of these requirements; therefore, the Court holds for 10 Petitioner’s production of a single cellular telephone bill resulted in respondent's conceding $579.44 of petitioner’s miscellaneous Schedule C deduction.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011