- 14 - “Listed property” includes any passenger automobile,5 sec. 280F(d)(4)(A)(i), and any cellular telephone, sec. 280F(d)(4)(A)(v). To meet the requirements of section 274(d), the taxpayer must present adequate records or sufficient evidence to corroborate his own testimony to establish: (1) The amount, based on the appropriate measure, of the expenditure or use (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 (4) the business relationship to the taxpayer of each expenditure or use, in the case of an entertainment or gift expense. To meet the adequate records requirements of section 274, a taxpayer must maintain some form of records and documentary evidence that in combination are sufficient to establish each element of an expenditure or use. See sec. 1.274-5T(c)(2), Temporary Income Tax Regs., 50 Fed. Reg. 46017 (Nov. 6, 1985). A contemporaneous log is not required, but corroborative evidence to support a taxpayer’s reconstruction of the elements of expenditure or use must have “a high degree of probative value to elevate such statement” to the level of credibility of a 5With exceptions not pertinent here, a passenger automobile includes a truck rated at 6,000 pounds gross vehicle weight or less. Sec. 280F(d)(5)(A).Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: March 27, 2008