- 19 - The next issue to be decided is whether the S Corporation is entitled to deduct, pursuant to section 162(a), attorneys' fees in the amount of $34,226 for its 1990 taxable year. The parties agree that section 265(a)(1) disallows a deduction for attorneys' fees paid by the S Corporation in recovering the insurance proceeds. Petitioners, however, contend that the attorneys' fees were incurred in the defense of both the embezzlement suit and the insurance suit. Petitioners contend that 65 percent of the total attorneys' fees were incurred to defend the embezzlement suit and are deductible pursuant to section 162(a). Respondent concedes that the S Corporation paid $34,226 in attorneys' fees during 1990 but contends that petitioners did not establish that any portion of such fees related to the embezzlement suit. Taxpayers are required to maintain records that are sufficient to enable the Commissioner to determine their correct tax liability. See sec. 6001; sec. 1.6001-1(a), Income Tax Regs.; Meneguzzo v. Commissioner, 43 T.C. 824, 831-832 (1965). Additionally, a taxpayer who claims a deduction must bear the burden of substantiating the amount and purpose of the item claimed. Hradesky v. Commissioner, 65 T.C. 87, 90 (1975); sec. 1.6001-1(a), Income Tax Regs. Under certain circumstances, if a taxpayer establishes the entitlement to a deduction but does not establish the amount of the deduction, we may estimate the amount allowable, Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), ifPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011