Karen V. Hough - Page 11

                                       - 11 -                                         
          advertising in excess of the amounts already allowed or conceded            
          by respondent.  As there is insufficient credible evidence to               
          establish a rational basis for making an estimate, we shall not             
          allow petitioner a deduction for this item greater than that                
          allowed or conceded by respondent.  See Cohan v. Commissioner,              
          supra at 543-544; Vanicek v. Commissioner, supra at 742-743.                
          9.  Section 274 Expenses (Automobile and Travel)                            
               In addition to satisfying the criteria for deductibility               
          under section 162, certain categories of expenses must also                 
          satisfy the strict substantiation requirements of section 274(d)            
          in order for a deduction to be allowed.  The expenses to which              
          section 274(d) applies include, among other things, listed                  
          property (e.g., automobile expenses and cellular telephones) and            
          travel expenses (including meals and lodging while away from                
          home).  Secs. 274(d)(4), 280F(d)(4)(A)(i), (ii), (v).  We may not           
          use the Cohan doctrine to estimate expenses covered by section              
          274(d).  See Sanford v. Commissioner, 50 T.C. at 827; sec. 1.274-           
          5T(a), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6,              
          1985).                                                                      
               To substantiate a deduction attributable to travel and                 
          listed property, a taxpayer must maintain adequate records or               
          present corroborative evidence to show the following:  (1) The              
          amount of the expense; (2) the time and place of use of the                 
          listed property; and (3) the business purpose of the use.  Sec.             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011