- 12 - 1998 Schedule C, and it showed nearly $10,000 in income that was almost entirely offset by expenses. We agree with Yung that it “is just common sense” that he would incur expenses in earning an income from his side business. And the Commissioner doesn’t dispute many of Yung’s expenses--he disallowed only those deductions that are subject to the limitations of section 274(d).3 To claim a deduction for any item described in section 274(d), a taxpayer must substantiate his deduction with “adequate records,” such as a logbook or diary, or “sufficient evidence corroborating the taxpayer’s own statement,” such as the statement of the person(s) entertained. Sec. 274(d); sec. 1.274- 5T(c)(2)(i) and (3)(i), Temporary Income Tax Regs., 50 Fed. Red. 46017, 46020 (Nov. 6, 1985). These substantiation records must explain: (A) the amount of the expense; (B) the time and place the expense was incurred; (C) the business purpose of the expense; and, where applicable, (D) the business relationship to the taxpayer of the person(s) entertained. Sec. 274(d). Yung didn’t meet these standards for any of the disallowed deductions- -not even breaking down any of his categories of expense into 3 These include the deductions for repair and maintenance on Yung’s cars: Section 1.274-5T(b)(6)(i)(A), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985), specifically lists “the cost of maintenance and repairs” as one of the “expenditure[s] with respect to an item of listed property” covered by section 274(d)(4).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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