- 12 - B. Employee Business Expenses Section 162(a) allows a taxpayer to deduct all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business, including the trade or business of performing services as an employee. Primuth v. Commissioner, 54 T.C. 374, 377-378 (1970). As noted, however, section 262 prohibits a deduction for expenses that are personal in nature. The statutory prohibition of section 262 regarding the deductibility of personal expenses takes precedence over the allowance provision of section 162, Sharon v. Commissioner, 66 T.C. 515, 522-525 (1976), affd. 591 F.2d 1273 (9th Cir. 1978), and a taxpayer must demonstrate that the expenses at issue were different from or in excess of what he would have spent for personal purposes, Sutter v. Commissioner, 21 T.C. 170, 173-174 (1953).9 9 In addition to satisfying the criteria for deductibility under sec. 162, certain categories of expenses, including passenger automobiles, traveling, and meals and entertainment, must also satisfy the strict substantiation requirements of sec. 274(d) before those expenses will be allowed as deductions. See secs. 274(d), 280F(d)(4)(A)(i). Under these rules, a taxpayer must substantiate the amount, time, place, and business purpose of the expenditures and must provide adequate records or sufficient evidence to corroborate his own statement. See sec. 274(d); sec. 1.274-5T(c)(1), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985). In order to meet the “adequate records” requirements, a taxpayer is to maintain an account book, diary, statement of expenses, or similar record and documentary evidence (such as receipts, paid bills, or similar evidence) (continued...)Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 10, 2007