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What You Need To Prove – Deducting Travel Expenses

By David C. Gair on October 28, 2014
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All too often, people don’t keep adequate records to demonstrate they are entitled to deduct travel expenses.

The general rule from the Supreme Court is that deductions are a matter of legislative grace, and taxpayers must maintain sufficient records to substantiate the amounts of their income and entitlement to any deductions or credits claimed.

So how can you improve your chances of deducting your business expenses?

To prove entitlement to travel expense deductions you need to present sufficient evidence supporting:

  1. The amount of the expense
  2. The time and place of the travel; and
  3. The business purpose of the expense.

The degree of substantiation necessary to establish business purpose depends upon the facts and circumstances of each case.

Contemporaneous documentation is deemed more believable than after-the-fact reconstructions.

  • If you are going to a business conference – keep records of your matriculation at the conference.
  • If you are traveling to meet a client, keep a log or calendar of who you went to visit, and the general nature of what business discussions took place.

Also, know that the IRS will scrutinize trips that have a “personal fun” flair to them.  As you might imagine, trips to Las Vegas are tops on the list.

Photo of David C. Gair David C. Gair

David Gair is Board Certified in Tax Law by the Texas Board of Legal Specialization and the Leader of Gray Reed’s Tax Controversy Practice Group. He focuses his practice on guiding businesses, high-net-worth individuals and tax professionals through all types of complex civil…

David Gair is Board Certified in Tax Law by the Texas Board of Legal Specialization and the Leader of Gray Reed’s Tax Controversy Practice Group. He focuses his practice on guiding businesses, high-net-worth individuals and tax professionals through all types of complex civil and criminal tax controversies, everything from audits and litigation to investigations and collection matters.

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  • Posted in:
    Tax
  • Organization:
    Gray Reed & McGraw LLP

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