Polly M. Cherry - Page 8

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               Deductions are a matter of legislative grace, and taxpayers            
          bear the burden of proving that they are entitled to the                    
          deductions claimed.  Rule 142(a); INDOPCO, Inc. v. Commissioner,            
          503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292              
          U.S. 435, 440 (1934).2  Taxpayers must also substantiate the                
          amount and purpose of the item claimed.  Hradesky v.                        
          Commissioner, 65 T.C. 87, 89-90 (1975), affd. per curiam 540 F.2d           
          821 (5th Cir. 1976).  Taxpayers are required to maintain records            
          that are sufficient to enable the Commissioner to determine their           
          correct tax liability.  See sec. 6001; Meneguzzo v. Commissioner,           
          43 T.C. 824, 831-832 (1965); sec. 1.6001-1(a), Income Tax Regs.             
          Under certain circumstances, however, if a taxpayer establishes             
          the entitlement to a deduction but does not establish the amount            
          of the deduction, the Court may estimate the amount allowable,              
          Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930), if              
          the taxpayer provides some rational basis on which an estimate              
          may be made.  Vanicek v. Commissioner, 85 T.C. 731, 742-743                 
          (1985).                                                                     
           For deductions arising from business travel, meals,                        
          entertainment, and use of listed property defined in section                



          2    This case was decided without considering the changes in               
          burden of proof arising out of the Internal Revenue Service                 
          Restructuring & Reform Act of 1998 (RRA 1998), Pub. L. 105-206,             
          sec. 3001, 112 Stat. 685, 726-727, because those changes apply              
          only "to court proceedings arising in connection with                       
          examinations commencing after the date of the enactment of this             
          Act."  RRA of 1998 was enacted on July 22, 1998.                            



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