M. Maureen Polsby - Page 4

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          for an addition to tax under section 6651(a)(1).  Basically, this           
          is a substantiation case.                                                   
               Deductions are strictly a matter of legislative grace.                 
          INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New                  
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                    
          Taxpayers must substantiate any deductions claimed.  Hradesky v.            
          Commissioner, 65 T.C. 87 (1975), affd. per curiam 540 F.2d 821              
          (5th Cir. 1976).  A taxpayer must keep sufficient records to                
          establish the amount of the deductions.  Sec. 6001.                         
               When a taxpayer fails to keep records, but a court is                  
          convinced that deductible expenditures were incurred, the court             
          may make an approximation, bearing heavily upon the taxpayer                
          "whose inexactitude is of [her] own making."  Cohan v.                      
          Commissioner, 39 F.2d 540, 544 (2d Cir. 1930).  We cannot                   
          estimate deductible expenses, however, unless the taxpayer                  
          presents evidence sufficient to provide some rational basis upon            
          which estimates may be made.  Vanicek v. Commissioner, 85 T.C.              
          731, 743 (1985).  Nor may a Cohan estimate be made of expenses              
          that are subject to the substantiation requirements of section              
          274(d).                                                                     
               Section 162(a) allows a deduction for the ordinary and                 
          necessary expenses paid or incurred during the taxable year in              
          carrying on a trade or business.  Whether an expenditure is                 
          ordinary and necessary is a question of fact.  Commissioner v.              





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