Steven J. and Terry L. Namyst - Page 10

                                       - 10 -                                         
          section 274(d), the substantiation requirement is fulfilled if              
          the employee provides information sufficient to satisfy the                 
          substantiation requirements of section 274(d) and the regulations           
          thereunder to the employer.  Sec. 1.62-2(e)(2), Income Tax Regs.            
          Section 274(d) allows a deduction for expenses of traveling away            
          from home only if an employee substantiates the amount, date,               
          time, place, and business purpose for the travel.  Sec. 1.274-              
          5T(b)(2), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6,           
          1985).  For business expenses not governed by section 274(d), the           
          employee must submit information to the employer sufficient to              
          enable the employer to identify the specific nature of each                 
          expense and conclude that the expense is attributable to the                
          employer’s business activities.  For these nonsection 274(d)                
          expenses, each of the elements of an expenditure or use must be             
          substantiated to the payor.  Sec. 1.62-2(e)(3), Income Tax Regs.            
               Petitioner and Mr. Kerkinni testified that petitioner                  
          submitted a list of expenses and receipts to Mr. Kerkinni                   
          annually.  In addition, before making expenditures on behalf of             
          IMC, petitioner would inform Mr. Kerkinni that his work required            
          a certain piece of equipment, and, with Mr. Kerkinni’s                      
          permission, he would purchase what was needed.  Petitioner would            
          then show Mr. Kerkinni the receipts.  Mr. Kerkinni asked                    
          petitioner to keep track of and save the receipts.  Petitioner’s            
          lists and receipts were submitted at trial.  The lists provided             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011