John Robert Maguire - Page 8

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          seeking purpose.  See Interstate Drop Forge Co. v. Commissioner,            
          326 F.2d 743, 747 (7th Cir. 1964), affg. T.C. Memo. 1963-149.               
               Respondent argues that many of the expenditures deducted by            
          petitioner are not ordinary and necessary and are instead                   
          personal expenses not related to the Harwichport property.  The             
          taxpayer must prove that he is entitled to any claimed                      
          deductions.  Rule 142(a); New Colonial Ice Co. v. Helvering, 292            
          U.S. 435, 440 (1935); Welch v. Helvering, supra at 115.  This               
          includes proof of the amount and purpose of the item claimed.               
          Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam           
          540 F.2d 821 (5th Cir. 1976); sec. 1.6001-1(a), Income Tax Regs.            
          A tax return is not proof of entitlement to a credit or deduction           
          claimed therein; a tax return merely sets forth the taxpayer's              
          claim.  See Roberts v. Commissioner, 62 T.C. 834, 837 (1974);               
          Seaboard Commercial Corp. v. Commissioner, 28 T.C. 1034, 1051               
          (1957).                                                                     
               As a general rule, if the record provides sufficient                   
          evidence that the taxpayer has incurred a deductible expense, but           
          the taxpayer is unable to substantiate adequately the amount, the           
          Court may estimate the amount of such expense and allow the                 
          deduction to that extent bearing down heavily on the taxpayer               
          since the problem is of his own making.  Cohan v. Commissioner,             
          39 F.2d 540, 543-544 (2d Cir. 1930).  However, in order for the             
          Court to estimate the amount of an expense, we must have some               
          basis upon which an estimate may be made.  Vanicek v.                       




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