- 14 - Issue 2. Schedule A Miscellaneous Itemized Deductions A. Union and Professional Dues and Uniform Purchases and Cleaning For 1992, Mrs. Whalley deducted on Schedule A, $2,066 for union and professional dues, and $2,024 for the cost of purchasing and cleaning her police uniforms. Respondent disallowed the expenses in their entirety, because petitioners failed to submit any evidence to substantiate these items. Mrs. Whalley is a police lieutenant. As such, expenses that she incurs during the taxable year for union and professional dues, as well as the cost of purchasing and cleaning her police uniforms, are treated as ordinary and necessary expenses incurred in carrying on her business. Sec. 162. Moreover, that Mrs. Whalley cannot prove the exact amount spent on such items is not fatal, because under Cohan we may approximate the amount of such expenses. Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930). To do so, however, we must have a reasonable evidentiary basis for making such an estimate. Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). Petitioner asserts that at a pretrial meeting, he gave respondent records to substantiate these expenses. However, the records petitioner submitted to respondent were for 1991, and not for 1992, the taxable year in issue. Under Cohan, as discussed above, we may estimate petitioners' expenses if we are convinced that they were actually incurred during the taxable year. However, in making such anPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011