- 7 - hoped to obtain a large cleaning contract that would enable her to relocate to southern California. Petitioner gave no details about her efforts to obtain such a contract, however, and petitioner acknowledged that her sister lived in or near Riverside at the time. We conclude that petitioner has failed to establish that more than 50 percent of the Astro Van’s use in 2001 was for trade or business purposes. Accordingly, she is not entitled to make the election under section 179. See sec. 1.179-1(d)(1), Income Tax Regs. Because petitioner introduced no credible evidence establishing that respondent’s allowance for depreciation expense was incorrect for either 2001 or 2002, respondent’s determination on this issue is sustained.4 B. Expenses Subject to Section 274(d) Section 274(d) imposes strict substantiation requirements for listed property, travel, entertainment, and meal expenses. Sec. 1.274-5T(a), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985). To obtain a deduction for such expenses, a taxpayer must substantiate by adequate records or sufficient evidence to corroborate the taxpayer’s own testimony the amount 4 The Code imposes additional restrictions on a taxpayer’s ability to expense the cost of property under sec. 179. See, e.g., secs. 179(b)(3)(A), 280F(d). Because petitioner failed to establish that more than 50 percent of the Astro Van’s use in 2001 was for trade or business purposes, we do not address these provisions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007