-12- basis that petitioner failed to provide substantiation for these expenses. A substantial portion of the claimed expenses was for foreign country calls that pertained to the startup of petitioner's export business. However, a portion of the telephone expenses was in connection with petitioner's insurance business. Under certain circumstances, if claimed deductions are not adequately substantiated, we may estimate them, provided we are convinced that the taxpayer has incurred such expenses and we have a basis upon which to make an estimate. Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). Based on the record presented, using our best estimate, and giving consideration to section 262(b),4 we find, and thus hold, that petitioners are entitled to a deduction for telephone expenses in the amount of $1,500 for 1992. See, e.g., Velinsky v. Commissioner, T.C. Memo. 1996-180. E. Commissions Expenses 4 SEC. 262. PERSONAL, LIVING, AND FAMILY EXPENSES. (a) General Rule.--Except as otherwise expressly provided in this chapter, no deduction shall be allowed for personal, living, or family expenses. (b) Treatment of Certain Phone Expenses.--For purposes of subsection (a), in the case of an individual, any charge (including taxes thereon) for basic local telephone service with respect to the 1st telephone line provided to any residence of the taxpayer shall be treated as a personal expense.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011