IRC §274 · 26 U.S.C. §274
IRC §274: Disallowance and Substantiation
IRC §274 disallows deductions for entertainment and strictly polices travel, meals, gifts, and listed property — no records, no deduction, no estimation allowed. It is the statute that killed Cohan-style guessing for these categories and the reason contemporaneous logs decide examinations.
What it governs
- Entertainment disallowed outright since tax reform
- Business meals generally 50%, with documented purpose
- Travel needs time, place, and business purpose — logged, not remembered
- Listed property (vehicles and the like) needs mileage-style records
In the GuideFull treatment in Chapter 18 of the Guide — THE TAX CUTTERY® Guide to Federal Income Taxation, Professional Edition (564 pages, 24 chapters).
From the practiceRecords that survive: audit triggers →
Questions this section answers
- Can I estimate travel expenses at audit?
- No — §274 bars Cohan estimation for these categories. Reconstructed logs after the notice rarely persuade.
- Are business meals fully deductible?
- Generally 50%, with documentation of amount, time, place, and business purpose. Lavish spending fails the ordinary test first.
- What records satisfy §274?
- Contemporaneous logs plus receipts: who, what, where, when, and why — made at the time, corroborated by third parties.
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