Timothy A. Runels and Emma Valdivieso Runels, et al. - Page 15




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          “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).                                                  






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