Gary Lee Colvin - Page 31




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          computers and 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 entertainment, (4) the business relationship to the taxpayer             
          of each expenditure or use.  Sec. 274(d)(4).                                
               To satisfy the adequate records requirement of section 274,            
          a taxpayer must maintain records and documentary evidence that in           
          combination are sufficient to establish each element of an                  
          expenditure or use.  Sec. 1.274-5T(c)(2), Temporary Income Tax              
          Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985).  Although a                       
          contemporaneous log is not required, corroborative evidence to              
          support a taxpayer’s reconstruction of the elements of the                  
          expenditure or use must have “a high degree of probative value to           
          elevate such statement” to the level of credibility of a                    
          contemporaneous record.  Sec. 1.274-5T(c)(1), Temporary Income              
          Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985).                               
               In lieu of substantiating the actual amount of any                     
          expenditure relating to the business use of a passenger                     
          automobile, a taxpayer may use a standard mileage rate as                   
          established by the IRS.  See sec. 1.274-5(j)(2), Income Tax Regs.           
          The standard mileage rate is to be multiplied by the number of              







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