- 13 - gross income derived from the activity for the taxable year. Sec. 183(a) and (b)(2). As with other deductions discussed herein, petitioner bears the burden of proving he is entitled to claimed business deductions. See Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). A taxpayer is required to maintain records sufficient to substantiate deductions that he or she claims on his or her tax return. Sec. 6001; sec. 1.6001-1(a), Income Tax Regs. Section 274(d) provides a strict substantiation requirement for certain expenses related to travel (including meals and lodging while away from home), entertainment, gifts, and certain types of property such as a passenger automobile, a computer or peripheral equipment, or a cellular telephone or similar telecommunication equipment.6 Under section 274(d), a deduction is not allowed unless the taxpayer is able to substantiate the expense by adequate records or by sufficient evidence corroborating the taxpayer’s own statement establishing the amount, time, place, and business purpose of the expense. Irrespective of whether petitioner’s insurance activity qualifies as a “trade or business” under section 162 or whether petitioner’s expenses are deductible under section 183, petitioner has failed to properly substantiate his claimed 6 Sec. 274(d) overrides the principle established in Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930), that the Court may estimate expenses in some circumstances.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011