Karen Boyd - Page 5




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            deduction claimed.  INDOPCO, Inc. v. Commissioner, 503 U.S. 79,                            
            84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440                            
            (1934).  A taxpayer is required to maintain records sufficient to                          
            establish the amount of his or her income and deductions.  Sec.                            
            6001; sec. 1.6001-1(a), (e), Income Tax Regs.                                              
                  Section 162(a) allows a taxpayer to deduct all ordinary and                          
            necessary business expenses paid or incurred during the taxable                            
            year in carrying on any trade or business.  To be “necessary” an                           
            expense must be “appropriate and helpful” to the taxpayer’s                                
            business.  Welch v. Helvering, 290 U.S. 111, 113 (1933).  To be                            
            “ordinary” the transaction which gives rise to the expense must                            
            be of a common or frequent occurrence in the type of business                              
            involved.  Deputy v. Du Pont, 308 U.S. 488, 495 (1940).  No                                
            deduction is allowed for personal, living, or family expenses.                             
            Sec. 262(a).                                                                               
                  Generally, if a claimed business expense is deductible, but                          
            the taxpayer is unable to substantiate it, the Court is permitted                          
            to make as close an approximation as it can, bearing heavily                               
            against the taxpayer whose inexactitude is of his or her own                               
            making.  Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir.                              
            1930).  The estimate must have a reasonable evidentiary basis.                             
            Vanicek v. Commissioner, 85 T.C. 731, 743 (1985).  However,                                
            section 274 supersedes the doctrine of Cohan v. Commissioner,                              
            supra, sec. 1.274-5T(a), Temporary Income Tax Regs., 50 Fed. Reg.                          






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