- 6 - Certain business deductions described in section 274 are subject to rules of substantiation that supersede the doctrine in Cohan v. Commissioner, supra. See sec. 1.274-5T(c)(2), Temporary Income Tax Regs., 50 Fed. Reg. 46017 (Nov. 6, 1985). Section 274(d) provides that no deduction shall be allowed with respect to: (a) Any traveling expense, including meals and lodging away from home; (b) any item related to an activity of a type considered to be entertainment, amusement, or recreation; or (c) the use of any “listed property”, as defined in section 280F(d)(4),1 unless the taxpayer substantiates certain elements. For an expense described in one of the above categories, 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 based on the appropriate measure (mileage may be used in the case of automobiles); (2) the time and place of the expenditure or use; (3) the business purpose of the expenditure or use; and in the case of entertainment, (4) the business relationship to the taxpayer of each expenditure or use. See sec. 274(d). To meet the adequate records requirements of section 274(d), a taxpayer must maintain some form of records and documentary 1“Listed property” includes any “passenger automobile”. Sec. 280F(d)(4)(A)(i). A passenger automobile includes any truck rated at 6,000 pounds gross vehicle weight or less. Sec. 280F(d)(5)(A).Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007