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Syracuse, NY - September 15, 2006 - Having accurate
books and records are
requirements of all businesses
and individuals seeking to take
income tax deductions. However,
in reality, businesses and
individuals may not have all the
required documentation and/or
receipts to fully support each
of their deductions. With this
in mind, as professionals we ask
the question – when can a
taxpayer estimate tax
deductions?
According to the American
Institute of Certified Public
Accountants (AICPA) Professional
Standards, “unless prohibited by
statute or rule, a member may
use the taxpayer’s estimates in
the preparation of a tax return
if it is not practical to obtain
exact data and if the member
determines that the estimates
are reasonable based on facts
and circumstances known to the
member. If the taxpayer’s
estimates are used, they should
be presented in a manner that
does not imply greater accuracy
than exists.” In other words, an
estimate should look like an
estimate. For instance, if a
taxpayer estimates business
mileage to be 1,000 miles - this
looks like an estimate. However,
if the same taxpayer informs you
that their business mileage is
1,125 miles - this appears to be
an accurate number.
The basis of this position by
the AICPA Professional Standards
is as follows – “accounting
requires the exercise of
professional judgment and, in
many instances, the use of
approximations based on
judgment. The application of
such accounting judgments, as
long as not in conflict with the
methods set forth by a taxing
authority, is acceptable. These
judgments are not estimates
within the purview of this
statement. For example, a
federal income tax regulation
provides that if all other
conditions for accrual are met,
the exact amount of income or
expense need not be known or
ascertained at year end if the
amount can be determined with
reasonable accuracy.”
By referring back to the
aforementioned mileage example,
ideally the taxpayer would have
annual mileage logs indicating
the destination of the business
trips, the business purpose, the individual(s) that were met, the
date and the number of business
miles incurred. This mileage log
will substantiate the number of
business miles that the taxpayer
has driven and it will be likely
that the IRS would accept this
form of documentation as support
for the taxpayer’s mileage
deduction. Moreover, this
evidence is crucial to defend
the deduction during an audit.
The lack of the mileage log may
cause the reversal of the
mileage deduction. For example,
in Tax Court Case Krist v
Commissioner, TC Memo 2001, the
court found that “the taxpayer
failed to bring forth any
evidence substantiating his
claimed vehicle expenses. The
court also noted that
expenditures must be documented
by means of account books,
diaries, logs or other evidence.
Here, the taxpayer’s lack of any
documentary evidence of
expenditures prevented the court
from approximating expenses and
ultimately barred their
deductibility.”
However, if you have incomplete
documentary evidence the IRS may
allow mileage deductions under
certain conditions. Per IRS
Publication 463, if you do not
have complete records to support
a deduction, sampling may be an
option. Specifically, a taxpayer
can keep adequate records for a
portion of the year, such as a
detailed mileage log, and if the
sample is representative of
business periods throughout the
year, the IRS most likely will
allow your mileage deduction.
With this in mind, it is clear
that estimating tax deductions
is allowable unless specifically
in conflict with methods set
forth by a taxing authority.
However, in any case these
estimated deductions need to be
supported by evidence to obtain
a tax benefit on a taxpayer’s
return. In other words, the
estimated deductions that a
taxpayer makes need a reasonable
basis and supporting evidence to
be a valid business expense.
If you would like more
information on this issue please
feel free to contact
Paul Mahalick at 315-701-6340.
Green and
Seifter CPAs
offers a wide
array of professional services
spanning decades of experience
in the areas of accounting,
auditing, bookkeeping, financial
planning, fraud, and taxation to
individuals and businesses
throughout Central New York.
To learn
more about the services we
provide,
please link here. Or,
if you would like to speak
directly to one of our
professionals, please contact us
at 315-422-1391.
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