John Joseph Stensgaard - Page 7




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               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).                                                              






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