Records that show what you spent and why it was a business expense: receipts, invoices, canceled checks and statements, tied to the business purpose. For travel, gifts and vehicles the law asks for more. Section 274(d) of the Internal Revenue Code disallows those deductions unless you prove the amount, the time and place, the business purpose and, where relevant, the business relationship, through adequate records or evidence that corroborates your own statement.
When an audit questions a deduction, the common thread is documentation. This page sets out what the IRS accepts, what it does not, and what to do when records are incomplete. It is part of Kathryn Meyer's guidance on IRS audits and examinations.
What is the basic rule for business deductions?
Section 162 allows a deduction for the ordinary and necessary expenses of carrying on a trade or business, and section 6001 requires taxpayers to keep the records the IRS prescribes. Together they mean the deduction is yours to prove. The IRS's own guidance for audits puts it simply: no record stands on its own, so each document needs the circumstances that explain how it relates to the business.
In general, keep the records behind a deduction for three years from the date you file the return that claims it; a return filed early counts as filed on its due date. Records of a vehicle's business use should be kept for each year of its recovery period. Longer periods apply in some situations, as explained in how far back the IRS can audit.
How an examiner tests a deduction, step by step
- Was it paid or incurred? Proof of payment: a receipt, invoice, canceled check or statement.
- Was it a business expense? The business purpose, in writing unless clear from the circumstances, and the business relationship where relevant.
- Is it in the right year and category? The date and how the item was classified on the return.
- Does a stricter rule apply? Travel, gifts and vehicles must meet every element of section 274(d); meals face the 50 percent limit; entertainment is not deductible.
- Are the records timely and consistent? Entries made at or near the time count for more, and totals should tie to the books and the return.
What does section 274(d) require for travel, gifts and vehicles?
For travel away from home, business gifts and "listed property" such as vehicles, the statute requires adequate records or sufficient evidence corroborating your own statement of each element. IRS Publication 463 summarizes them:
| Expense | Amount | Time | Place or description | Business purpose and relationship |
|---|---|---|---|---|
| Travel | Each separate cost of travel, lodging and meals | Dates you left and returned, and days on business | Destination | The business purpose or benefit expected |
| Gifts | Cost of the gift | Date of the gift | Description of the gift | Business purpose and the recipient's business relationship to you |
| Vehicles | Cost of the car and improvements, plus each expense | Date business use began, and date of each use | Business destination | Business purpose; mileage for each business use and total miles for the year |
Publication 463 is blunt about estimates: you cannot deduct amounts you approximate or estimate. Business gifts are also capped at $25 a year per recipient.
What counts as an adequate record?
According to Publication 463, an adequate record is an account book, diary, log, statement of expense, trip sheet or similar record, kept together with documentary evidence that supports each element. A record kept on a computer qualifies.
- Documentary evidence. Generally receipts, canceled checks or bills. It is not required for an expense, other than lodging, under $75, or for transportation when a receipt is not readily available.
- What a receipt must show. Amount, date, place and the essential character of the expense. A hotel receipt should show the hotel's name and location, the dates and separate charges; a restaurant receipt should show its name and location, the number of people served, and the date and amount.
- Canceled checks. A canceled check with the payee's bill ordinarily proves the cost, but a check alone does not prove a business purpose.
- Timing. Entries made at or near the time of the expense carry more weight than statements prepared later; a weekly log counts as timely.
- Business purpose. Generally stated in writing, unless the purpose is clear from the circumstances.
One rule is useful for professionals with confidentiality duties: Publication 463 says you do not have to put confidential details, such as the place, business purpose or business relationship, in the account book itself, as long as you record them elsewhere at or near the time and can produce them to prove the expense.
What about meals, entertainment and club dues?
Section 274(a) disallows deductions for entertainment, amusement and recreation activities and the facilities used for them, and treats dues to social, athletic or sporting clubs as facility costs. Section 274(n) generally limits business meals to 50 percent of their cost, subject to listed exceptions. Mixing entertainment and meals on one receipt means allocating the cost, so separate charges make the record cleaner.
What if your records are incomplete?
Publication 463 offers several routes:
- Your statement plus other evidence. A specific written or oral statement, supported by direct or documentary evidence for the cost, time, place or description, and by circumstantial evidence for business purpose or relationship.
- Sampling. An adequate record kept for part of the year can prove a vehicle's business use for the whole year if you show the sample period is representative.
- Reconstruction. If records were lost to fire, flood or another cause beyond your control, you can reconstruct them.
When an examiner asks for these records, the request comes on a written list; see how to answer an IRS Information Document Request. If the records involve digital assets, see what the IRS already knows about your cryptocurrency.
When do expense records become a bigger issue?
Records also matter if a dispute reaches court. Under section 7491(a), the burden of proof on a factual issue can shift to the IRS when you introduce credible evidence, but only if you have met the substantiation requirements, kept the required records and cooperated with reasonable IRS requests; see who has to prove what in a Tax Court case. And personal spending claimed as a business deduction is on the IRS's list of fraud indicators; see the warning signs that a civil IRS audit could turn criminal.
For law firms, which costs qualify in the first place is covered in which law firm expenses are deductible, and which draw IRS attention. Owners who pay firm costs personally should also read what an accountable plan is and how a law firm should reimburse expenses.
What changes the answer
- The kind of expense. Ordinary supplies and services need proof of payment and business purpose; travel, gifts and vehicles need every section 274(d) element.
- Exceptional circumstances. If the nature of the situation made a receipt impossible to get, Publication 463 allows other evidence that is the best proof possible under the circumstances.
- Separate payments. Each separate payment is generally a separate expense and must be recorded separately, though one daily entry can cover reasonable categories such as taxi fares or incidental travel costs.
- Reimbursements. Under an accountable plan, employees must account for expenses within a reasonable period, which Publication 463 treats as met within 60 days, and return excess advances within 120 days.
- How the vehicle cost is figured. The 2025 standard mileage rate is 70 cents a mile, but the business miles for each trip still have to be shown.
- Whether the records reach court. Meeting the substantiation and record-keeping rules is a condition for shifting the burden of proof under section 7491(a).
For example: a vehicle deduction with a partial log
For example, imagine a self-employed consultant who claimed 8,000 business miles in 2025 using the standard mileage rate, a $5,600 deduction at 70 cents a mile. In the audit she has a detailed log for January through March showing the date, destination, purpose and miles of every trip, and her calendar and client invoices for the rest of the year. Publication 463 lets a properly kept record for part of a year prove business use for the whole year if she shows the sample period is representative, so her case turns on whether her work pattern in the other nine months matched the first three. Had she kept no log at all, an estimate would not be enough. This is a hypothetical, not a real case.
Common mistakes with expense records
- Estimating. Publication 463 says approximated amounts cannot be deducted.
- Relying on a card statement alone. It shows the amount and payee, not the business purpose or who attended.
- Mixing meals and entertainment on one receipt. Entertainment is not deductible and meals are limited to 50 percent, so the costs have to be separated.
- Writing the mileage log after the audit letter arrives. A later reconstruction must be presented as one, and back-dated records are a fraud indicator.
- Running personal costs through the business. It is one of the IRS's listed fraud indicators.
What to do this week
- List each deduction the IRS is questioning and the amount claimed.
- For each one, gather the receipts, invoices and statements, and note the business purpose.
- For travel, gifts and vehicles, check each element in the table above and mark any gaps.
- Request copies of missing statements from banks, card issuers and vendors.
- If records were destroyed by fire, flood or another casualty, write down what happened and start a reconstruction.
- Bring it all to a first meeting; our audit consultation checklist shows how to organize it.
Frequently asked questions
Is a credit card statement enough to prove a deduction?
Usually not on its own. It can show the amount, date and payee, but the business purpose and, for meals and travel, the other section 274(d) elements need separate support.
Do you need a receipt for every small expense?
Not for expenses other than lodging under $75, or for transportation when a receipt is not readily available, but the expense still has to be recorded in an adequate record with its business purpose.
Are electronic records acceptable?
Yes. Publication 463 says a record kept on a computer qualifies, and the IRS accepts some electronic records in audits.
What penalties apply if a deduction is disallowed?
Often a 20 percent accuracy-related penalty on the resulting underpayment, unless reasonable cause applies. See what penalties the IRS can add after an audit.
How do these rules apply to a law firm?
The same rules apply, with Publication 463's allowance for keeping confidential client details outside the account book. Planning for expenses and reimbursements is part of tax planning for law firms. An accountable plan and a review of expense bookkeeping for audit readiness are the second-quarter topic of the firm's Quarterly Tax Health Checkup.
What if the examiner still disallows the deduction?
You can contest the proposed change; the process starts with the IRS 30-day letter.
Defending deductions in an audit
Strong records turn an audit into a matching exercise; weak ones turn it into a negotiation. Kathryn Meyer can review what you have against what the law requires, organize it to answer the examiner's questions, and address gaps honestly. Contact the firm or call (571) 560-8674.
Sources
- 26 U.S.C. 162, Trade or business expenses
- 26 U.S.C. 274, Disallowance of certain entertainment, etc., expenses
- 26 U.S.C. 6001, Notice or regulations requiring records, statements, and special returns
- 26 U.S.C. 7491, Burden of proof
- IRS Publication 463 (2025), Travel, Gift, and Car Expenses
- IRS, Audits records request
- Internal Revenue Manual 25.1.2, Recognizing and Developing Fraud
