Kathleen J. Kelly - Page 6

                                                  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 must                             




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