Barbara A. Trimble-Gee - Page 9




                                        - 8 -                                         
          of the expense, the time and place of the use, the business                 
          purpose of the use, and, in the case of entertainment, the                  
          business relationship to the taxpayer of each person entertained.           
          Sec. 274(d); sec. 1.274-5T(b), Temporary Income Tax Regs., 50               
          Fed. Reg. 46014 (Nov. 6, 1985).                                             
               With respect to the claimed deductions for travel,                     
          entertainment, and meal expenses, petitioner introduced a number            
          of receipts and other records.  However, the receipts and records           
          fail to establish the business purpose of the expenses.                     
          Accordingly, petitioner is not entitled to deductions for these             
          items for the taxable year 2002.                                            
               With respect to the claimed deductions for car and truck               
          expense, listed property generally includes passenger automobiles           
          and any other property used as a means of transportation.  Sec.             
          280F(d)(4)(A)(i) and (ii).  In general, a passenger automobile              
          includes any truck or van that is 6,000 pounds “gross vehicle               
          weight” or less.  Sec. 280F(d)(4) and (5)(A); sec. 1.280F-                  
          6T(c)(1)(ii), Temporary Income Tax Regs., 49 Fed. Reg. 42713                
          (Oct. 24, 1984).                                                            
               The Internal Revenue Code does not define the term “gross              
          vehicle weight”.  The regulations define it as “the value                   
          specified by the manufacturer as the maximum design loaded weight           
          of a single vehicle.”  Sec. 48.4064-1(b)(3)(iv), Manufacturers &            
          Retailers Excise Tax Regs.  The term “gross vehicle weight                  







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 10, 2007