If you operate a business or are starting a new one, you know you need to keep records of your income and expenses. Specifically, for tax deductions claims you’re entitled to, carefully-recorded expenses are necessary. And you want to make sure you can defend the amounts reported on your tax returns in case the IRS ever audits you.

Be aware that there’s no one way to keep business records. But there are strict rules for keeping records and proving expenses are legitimate for tax purposes. Certain expenses require special attention because they’re subject to special recordkeeping requirements or limitations. Some of those expenses include automobile, travel, meals, and home office costs.

Here are two recent court cases to illustrate some of the issues.

Case 1: An activity must be engaged in for-profit to claim deductions

A taxpayer can deduct a business expense if they can establish that the primary objective of the activity is making a profit. It must be a substantiated, ordinary, and necessary business expense. In one case, a taxpayer claimed deductions that created a loss, which she used to shelter other income from tax.

She engaged in various activities, including acting in the entertainment industry and selling jewelry. However, the IRS found her activities weren’t engaged in for-profit, so it disallowed her deductions.

The taxpayer took her case to the U.S. Tax Court, where she found some success. The court found that she was in the acting business during the years in issue. However, she didn’t prove that all claimed expenses were ordinary and necessary business expenses. The court did allow deductions for expenses including headshots, casting agency fees, lessons to enhance the taxpayer’s acting skills, and part of the compensation for a personal assistant. But the court disallowed other deductions because it found insufficient evidence “to firmly establish a connection” between the expenses and the business.

In addition, the court found that the taxpayer didn’t prove that she engaged in her jewelry sales activity for profit. She didn’t operate it in a business-like manner, spend sufficient time on it, or seek expertise in the jewelry industry. Therefore, no deductions related to that activity were allowed. (TC Memo 2021-107)

Case 2: A business must substantiate claimed deductions with records

A taxpayer worked as a contract emergency room doctor at a medical center. He also started a business to provide emergency room physicians overseas. On Schedule C of his tax return, he deducted expenses related to his home office, travel, driving, continuing education, cost of goods sold, and interest. The IRS disallowed most of the deductions.

As evidence in Tax Court, the doctor showed charts listing his expenses. However, he didn’t provide receipts or other substantiation showing he paid the expenses. He also failed to account for the portion of expenses attributable to personal activity.

The court disallowed the deductions stating that his charts weren’t enough and didn’t substantiate that the expenses were ordinary and necessary in his business. It noted that “even an otherwise deductible expense may be denied without sufficient substantiation.” The doctor also didn’t qualify to take home office deductions because he didn’t prove it was his principal place of business. (TC Memo 2022-1)

Preparing for IRS audits? We can help

Contact our RRBB accountants and advisors if you need assistance retaining adequate business records. Taking a meticulous, proactive approach can protect your deductions and help make these IRS audits much less complicated.

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