Fredrick J. & Kim T. Marquardt - Page 4




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          Using the standard mileage rates, petitioners claimed deductions            
          for car and truck expenses on the Schedules C in the amounts of             
          $16,271 in 1995, $24,485.35 in 1996, and $20,361 in 1997.                   
          Respondent disallowed these deductions in their entirety with the           
          exception of $304 allowed for 1997.                                         
               Taxpayers generally must keep records sufficient to                    
          establish the amount of a claimed deduction.  See sec. 6001; sec.           
          1.6001-1(a) and (e), Income Tax Regs.  In the event that a                  
          taxpayer establishes that a deductible expense has been paid but            
          is unable to substantiate the precise amount, we generally may              
          estimate the amount of the deductible expense bearing heavily               
          against the taxpayer whose inexactitude in substantiating the               
          amount of the expense is of his own making.  See Cohan v.                   
          Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930).  We cannot               
          estimate a deductible expense, however, unless the taxpayer                 
          presents evidence sufficient to provide some basis upon which an            
          estimate may be made.  See Vanicek v. Commissioner, 85 T.C. 731,            
          743 (1985).                                                                 
               Section 274(d) imposes stricter requirements and supersedes            
          the Cohan doctrine.  See Sanford v. Commissioner, 50 T.C. 823,              
          827 (1968), affd. 412 F.2d 201 (2d Cir. 1969).  Section 274(d)              
          provides that, unless the taxpayer complies with certain strict             
          substantiation rules, no deduction is allowable to the taxpayer             
          (1) for traveling expenses, (2) for entertainment expenses, (3)             






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