- 4 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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