Bobby Lorn and Libby C. Claborn - Page 10




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          and from work, as a commuting expense is considered to be                   
          personal and nondeductible.  Commissioner v. Flowers, 326 U.S.              
          465, 473-474 (1946); sec. 1.162-2(e), Income Tax Regs. An                   
          exception to the nondeductibility of commuting expenses involves            
          situations where the transportation is to and from a temporary              
          work location.  See Rev. Rul. 90-23, 1990-1 C.B. 28, as amplified           
          and clarified by Rev. Rul. 94-47, 1994-2 C.B. 18, as modified and           
          superseded by Rev. Rul. 99-7, 1999-1 C.B. 361.                              
               Also, certain business expenses described in section 274(d)            
          are subject to strict substantiation rules that supersede the               
          Cohan doctrine.  Sanford v. Commissioner, 50 T.C. 823, 827-828              
          (1968), affd. per curiam 412 F.2d 201 (2d Cir. 1969); sec.                  
          1.274-5T(a), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov.           
          6, 1985). Section 274(d) applies to:  (1) Any traveling expense,            
          including meals and lodging away from home; (2) entertainment,              
          amusement, and recreational expenses; or (3) the use of “listed             
          property”, as defined in section 280F(d), including passenger               
          automobiles.  To deduct such expenses, the taxpayer must                    
          substantiate by adequate records or sufficient evidence to                  
          corroborate the taxpayer’s own testimony:  (1) The amount of the            
          expenditure or use, which includes mileage in the case of                   
          automobiles; (2) the time and place of the travel, entertainment,           
          or use; (3) its business purpose; and in the case of                        








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