Charles J. Dugan - Page 16

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               As a general rule, if the trial record provides sufficient             
          evidence that the taxpayer has incurred a deductible expense, but           
          the taxpayer is unable to adequately substantiate the amount of             
          the deduction to which he or she is entitled, the Court may                 
          estimate the amount of such expense and allow the deduction to              
          that extent.  Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d               
          Cir. 1930).  With respect to travel and entertainment expenses              
          and listed property (as defined in section 280F(d)(4)), section             
          274(d) overrides this so-called Cohan doctrine, and requires                
          substantiation "by adequate records or by sufficient evidence               
          corroborating the taxpayer's own statements".  Sec. 274(d).  The            
          taxpayer must substantiate:  (1) The amount of the claimed                  
          expense; (2) the time and place the expense was incurred; and (3)           
          the business purpose of the expense.  Sec. 274(d).                          
               Petitioner claimed a computer expense in the amount of                 
          $1,945 as a deduction pursuant to section 179.  Petitioner                  
          submitted receipts from Sam's Club and the Software Gallery to              
          substantiate part of the claimed expense.  Computers and other              
          peripheral equipment are "listed property" and must meet the                
          strict substantiation requirements imposed by section 274(d).               
          Sec. 280F(d)(4)(A)(iv).  Given that petitioner has failed to                
          demonstrate the business purpose for the computer expense in                
          accordance with section 274(d), the deduction is disallowed.                
               On Schedule C of his 1991 return, petitioner claimed an                
          automotive expense in the amount of $1,950.  It is not clear                




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