James M. Nitschke and Patricia S. Nitschke - Page 9




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          and other documents with a cover sheet stating that these                   
          expenses totaled $10,247.  Petitioners claimed $7,424 of expenses           
          on their return.  The amounts claimed on their return and the               
          amounts petitioners asserted were substantiated at trial are as             
          follow:                                                                     
                                             Claimed        Argued                    
                                             on Return      at Trial                  
               Postage                       $1,108         $1,104                    
               Copies/faxes                  850            655                       
               Training meeting              105            105                       
               Convention fees               210            220                       
               Convention merchandise        464            907                       
               Business reports              90             169                       
               Parking                       82             82                        
               Tolls/Food for home meetings      662        736                       
               Bus charter to meeting        240            240                       
               Tapes/Magazines/Books         1,691          2,160                     
               Sales aides                   1,042          2,830                     
               Giveaways                       880           1,039                    
                                             7,424          10,247                    
          We may estimate the amount of a deductible expense, but there               
          must be sufficient evidence in the record to permit the Court to            
          conclude that a deductible expense was incurred for the stated              
          purpose and at least in the amount estimated.  See Williams v.              
          United States, 245 F.2d 559, 560 (5th Cir. 1957) (citing Cohan v.           
          Commissioner, supra).  Many of the expenses in this category                
          appear likely to have been personal in nature, and petitioners              
          were unable to provide details regarding many of them.  Thus,               
          petitioners have presented this Court with a number of receipts,            
          but have failed to give the Court any reasonable method to                  
          determine which receipts were business, personal, or a                      





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