6 On Schedule C of Form 1040 filed with respect to her activity, Too Close To Home, petitioner reported gross receipts in the amount of $1,200 less cost of goods sold and/or operations in the amount of $1,200. In addition, petitioner claimed expenses totaling $8,000 and deducted a loss from this activity in the amount of $8,000. Respondent received petitioner's return for the year in issue on September 1, 1995. Respondent's determinations are presumed correct, and petitioner has the burden of proving them erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Deductions against income are allowed as a matter of legislative grace. New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Taxpayers must maintain adequate records to substantiate the amount of any deductions. Sec. 6001; sec. 1.6001-1(a), Income Tax Regs. Generally, when evidence shows that a taxpayer incurred a deductible expense but the exact amount cannot be determined, the Court may approximate the amount. Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930). An exception to the Cohan rule is section 274(d), which prohibits the estimation of expenses with respect to certain listed property. Listed property includes automobiles and computers. Sec. 280F(d)(4). Section 274(d) requires substantiation of these expenses either "by adequate records or by sufficient evidence corroborating the taxpayer's own statement". Petitioner mustPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011