John C. and Joan F. Stukes - Page 7




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          Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985).              
          At a minimum, the taxpayer must substantiate:  (1) The amount of            
          the expense; (2) the time and place the expense was incurred; and           
          (3) the business purpose for which the expense was incurred.                
               The strict substantiation requirements of section 274 apply            
          to deductions with respect to “any listed property (as defined in           
          section 280F(d)(4))”.  Section 280F(d)(4)(A)(i), in turn,                   
          includes “passenger automobile” in the definition of listed                 
          property.  Further, section 1.274-5T(b)(6)(i)(A), Temporary                 
          Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985), includes the           
          cost of maintenance and repairs for listed property as subject to           
          the section 274 substantiation rules.                                       
               Petitioners claimed automobile expenses of $3,227; these               
          expenses related to petitioners’ pickup truck.  Mr. Stukes                  
          testified that some substantiating documents pertaining to the              
          automobile mileage were lost when petitioners moved.  However, he           
          introduced a truck mileage log (the mileage log) with 24 entries.           
          The mileage log, which shows that petitioners drove the truck               
          6,684 miles for farm-related business, was not prepared                     
          contemporaneously with the incurrence of the claimed expenses but           
          rather was a reconstruction by petitioners of their use of the              
          truck.  The mileage log shows the date of each use and the                  
          specific destination (such as Home Depot, Wal-Mart, farm                    
          equipment vendors, gas stations, and truck supplies vendors).               







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