7 Petitioner estimated his meals expense as an average weekly amount of $100. Petitioner provided no substantiation for this amount. Respondent's determinations are presumed correct, and petitioner bears the burden of proving them erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Deductions are 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. Section 162 allows a deduction for ordinary and necessary expenses paid or incurred in carrying on a trade or business. Generally, except as provided by section 274(d), when evidence shows that taxpayers 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). However, the Court must have some basis upon which an estimate may be made. Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985). Car and Truck Expense Petitioner claimed a deduction for car and truck expense in the amount of $2,240. Respondent disallowed $1,523 of this deduction for lack of substantiation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011