- 4 - Respondent issued a notice of deficiency to petitioners for 1998 on August 13, 2003, determining an income tax deficiency of $3,075 and an addition to tax under section 6651 of $769.25 for failure to file a tax return or to pay a tax penalty. Discussion A. Schedule C Expenses Section 162 allows a deduction for all ordinary and necessary expenses incurred in carrying on a trade or business if the taxpayer maintains records or other proof sufficient to substantiate the expenses.2 Secs. 162(a), 6001; sec. 1.6001- 1(a), Income Tax Regs. Section 274(d), however, provides more stringent substantiation requirements for certain expenses and requires that the taxpayer “substantiates by adequate records or by sufficient evidence corroborating the taxpayer’s own statement” the time and place of the travel and the business purpose of the expense. The deductions that fall within section 274(d) include expenses “with respect to any listed property (as defined in section 280F(d)(4))”. Sec. 274(d)(4). “Listed property” includes passenger automobiles, any computer or peripheral equipment, and any cellular telephone (or other similar telecommunications equipment). Sec. 280F(d)(4). 2 Sec. 7491(a), concerning burden of proof, is not applicable here because petitioners have not satisfied the substantiation requirements. Sec. 7491(a)(2)(A).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011