If you have incomplete or missing records and get audited by the
IRS, your business will likely lose out on valuable deductions. Here are two
recent U.S. Tax Court cases that help illustrate the rules for documenting
deductions.
Case 1: Insufficient records
In the first case, the court found that a taxpayer with a
consulting business provided no proof to substantiate more than $52,000 in
advertising expenses and $12,000 in travel expenses for the two years in
question.
The business owner said the travel expenses were incurred
“caring for his business.” That isn’t enough. “The taxpayer bears the burden of
proving that claimed business expenses were actually incurred and were ordinary
and necessary,” the court stated. In addition, businesses must keep and produce
“records sufficient to enable the IRS to determine the correct tax liability.”
(TC Memo 2016-158)
Case 2: Documents destroyed
In another case, a taxpayer was denied many of the deductions
claimed for his company. He traveled frequently for the business, which
developed machine parts. In addition to travel, meals and entertainment, he
also claimed printing and consulting deductions.
The taxpayer recorded expenses in a spiral notebook and day
planner and kept his records in a leased storage unit. While on a business trip
to China, his documents were destroyed after the city where the storage unit
was located acquired it by eminent domain.
There’s a way for taxpayers to claim expenses if substantiating
documents are lost through circumstances beyond their control (for example, in
a fire or flood). However, the court noted that a taxpayer still has to
“undertake a ‘reasonable reconstruction,’ which includes substantiation through
secondary evidence.”
The court allowed 40% of the taxpayer’s travel, meals and
entertainment expenses, but denied the remainder as well as the consulting and
printing expenses. The reason? The taxpayer didn’t reconstruct those expenses
through third-party sources or testimony from individuals whom he’d paid. (TC
Memo 2016-135)
Be prepared
Keep detailed, accurate records to protect your business
deductions. Record details about expenses as soon as possible after they’re
incurred (for example, the date, place, business purpose, etc.). Keep more than
just proof of payment. Also keep other documents, such as receipts, credit card
slips and invoices. If you’re unsure of what you need, check with us.
© 2016
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