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to permit us to conclude that a deductible expense was paid or
incurred in at least the amount allowed. Williams v. United
States, 245 F.2d 559, 560 (5th Cir. 1957).
For certain kinds of expenses otherwise deductible under
section 162(a) or 212, such as travel, meal, and entertainment
expenses, and those expenses attributable to “listed property”,
section 274(d) overrides the Cohan rule. Sanford v.
Commissioner, 50 T.C. 823, 827 (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). Listed property includes any
passenger automobile9 and any other property used as a means of
transportation, under section 280F(d)(4)(A)(i) and (ii), unless
excepted by section 280F(d)(4)(C) or (5)(B).10 Under section
274(d), a taxpayer must satisfy strict substantiation
requirements before a deduction is allowable. Secs. 274(d),
6001; sec. 1.6001-1(a), (e), Income Tax Regs.
9The term “passenger automobile” does not include trucks and
vans excluded by regulation. Sec. 280F(d)(5)(B)(iii). Pursuant
to sec. 1.280F-6(c)(3)(iii), Income Tax Regs., a passenger
automobile does not include a truck or van that is a qualified
non-personal-use vehicle defined under sec. 1.274-5T(k),
Temporary Income Tax Regs., 50 Fed. Reg. 46033 (Nov. 6, 1985).
Petitioner’s truck is not excluded from the definition of
passenger automobile. See sec. 1.274-5T(k), Temporary Income Tax
Regs., supra.
10Petitioner used his truck and three other vehicles for his
rental and farming activities. On the record before us, we find
that petitioners’ vehicles, which are not subject to any of the
exceptions in sec. 280F(d)(4)(C) or (5)(B), are listed property
within the meaning of sec. 280F(d)(4).
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