Barry D. and Suzanne B. Whalley - Page 14

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          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 an               





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