Yung and Anita F. Chong - Page 12

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          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).                                                                  




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