Marvin Ziporyn - Page 7

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          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.                                       








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