Richard G. and Carolyn J. Newhouse - Page 9




                                        - 8 -                                         
          See Rule 142(a).1  To show that an expense was not personal, the            
          taxpayer must show that the expense was incurred primarily to               
          benefit his business, and there must have been a proximate                  
          relationship between the claimed expense and the business.                  
          Walliser v. Commissioner, 72 T.C. 433, 437 (1979).                          
               Where a taxpayer has established that he has incurred a                
          trade or business expense, failure to prove the exact amount of             
          the otherwise deductible item may not always be fatal.                      
          Generally, unless prevented by section 274, the Court may                   
          estimate the amount of such an expense and allow the deduction to           
          that extent.  See Finley v. Commissioner, 255 F.2d 128, 133 (10th           
          Cir. 1958), affg. 27 T.C. 413 (1956); Cohan v. Commissioner, 39             
          F.2d 540, 543-544 (2d Cir. 1930).  In order for the Court to                
          estimate the amount of an expense, however, the Court must have             
          some basis upon which an estimate may be made.  See Vanicek v.              
          Commissioner, 85 T.C. 731, 742-743 (1985).  Without such a basis,           
          an allowance would amount to unguided largesse.  See Williams v.            
          Commissioner, 245 F.2d 559, 560 (5th Cir. 1957).                            
               Certain business deductions described in section 274 are               
          subject to strict rules of substantiation that supersede the                
          doctrine in Cohan v. Commissioner, supra.  See sec. 1.274-                  


               1Petitioner has made no argument that the burden of proof              
          shifting provisions of sec. 7491(a)(1) have application to this             
          case, nor has he offered any evidence that he has complied with             
          the requirements of sec. 7491(a)(2).                                        





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011