Susan E. Shores - Page 6

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          Helvering, 290 U.S. 111, 113 (1933)).  To be an "ordinary"                  
          expense, "the transaction which gives rise to it must be of                 
          common or frequent occurrence in the type of business involved."            
          Deputy v. du Pont, 308 U.S. 488, 495 (citing Welch v. Helvering,            
          supra at 114).  Whether an expense is "ordinary and necessary" is           
          generally a question of fact.  Commissioner v. Heininger, 320               
          U.S. 467, 475 (1943); Walliser v. Commissioner, 72 T.C. 433, 437            
          (1979).                                                                     
               Section 6001 requires that a taxpayer liable for any tax               
          shall maintain such records, render such statements, make such              
          returns, and comply with such regulations as the Secretary may              
          from time to time prescribe.  To be entitled to a deduction under           
          section 162(a), therefore, a taxpayer is required to substantiate           
          the deduction through the maintenance of books and records.                 
               In the event that a taxpayer establishes that he or she has            
          incurred a deductible expense, but is unable to substantiate the            
          precise amount, we may estimate the amount of the deductible                
          expense.  Cohan v. Commissioner, 39 F.2d 540, 543-544 (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).                                      
               If an expense item comes within the parameters of section              
          274(d), we cannot rely on Cohan v. Commissioner, supra, to                  
          estimate the taxpayer's expenses with respect to that item.                 




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