Lionel D. Jones - Page 5

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          are paid or incurred during the taxable year in carrying on a               
          trade or business.  Sec. 162(a); Deputy v. du Pont, 308 U.S. 488,           
          495 (1940).  A trade or business includes the trade or business             
          of being an employee.  O’Malley v. Commissioner, 91 T.C. 352,               
          363-364 (1988).                                                             
               In the case of travel expenses and certain other expenses,             
          such as entertainment, gifts, and expenses relating to the use of           
          listed properties, including cellular telephone or other similar            
          telecommunications equipment described in section 280F(d)(4)(A),            
          section 274(d) imposes stringent substantiation requirements to             
          document particularly the nature and amount of such expenses.               
          For such expenses, substantiation of the amounts claimed by                 
          adequate records or by other sufficient evidence corroborating              
          the claimed expenses is required.  Sec. 274(d); sec. 1.274-                 
          5T(a)(4), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6,           
          1985).  To meet the adequate records requirements of section                
          274(d), a taxpayer "shall maintain an account book, diary, log,             
          statement of expense, trip sheets, or similar record * * * and              
          documentary evidence * * * 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).  These substantiation requirements are designed to                
          encourage taxpayers to maintain records, together with                      
          documentary evidence substantiating each element of the expense             





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