William Herbert Whitehurst, III and Carla Cherlene Whitehurst - Page 16




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          section 7491.  Therefore, the burden of proof remains on                    
          petitioners for 1998 and 1999.                                              
               a.  Car and Truck Expenses                                             
               A taxpayer may be allowed to deduct all ordinary and                   
          necessary expenses paid or incurred during the taxable year.                
          Sec. 162(a).  Deductible business expenses include actual                   
          operating expenses of automobiles used in the trade or business             
          and traveling expenses while away from home solely in the pursuit           
          of a trade or business.  Sec. 1.162-1(a), Income Tax Regs.                  
               Although generally a taxpayer is required to keep records to           
          establish the amount of his deductions under section 6001 and               
          section 1.6001-1(a), Income Tax Regs., if there is evidence that            
          deductible expenses were incurred, the Court may estimate the               
          amount of expenses and allow a deduction based upon an                      
          approximation of expenses, notwithstanding the lack of                      
          substantiating documentary evidence in the record.  Cohan v.                
          Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930); Vanicek v.               
          Commissioner, 85 T.C. 731, 742-743 (1985).                                  
               Deductions claimed with respect to certain expenses are                
          subject to additional substantiation requirements as provided               
          under section 274.  No deduction or credit shall be allowed under           
          section 162 with respect to, among other items, any listed                  
          property, as defined under section 280F(d)(4), unless the                   
          taxpayer substantiates the expense.  Sec. 274(d); sec. 1.274-               






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