Sony and Gwendolyn A. Jean Baptiste - Page 6




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          with a subpoena, but was informed that Mr. Ortega had sold the              
          business and left the country.                                              
          Discussion                                                                  
               Respondent contends that petitioners failed to report                  
          $14,288 in income, while petitioners contend that they received a           
          lesser amount.  Petitioner acknowledges that he received income             
          from Ortega in 1994, but not $14,288.  Petitioner introduced                
          credible testimony and documents which persuade us that the                 
          amount of income reported on Form 1099-MISC received by                     
          respondent was incorrect.  We agree with the amount that                    
          petitioners reported on Schedule C attached to the amended                  
          return; i.e., $10,300 in gross receipts.  Therefore, petitioner             
          received $10,300 as nonemployee compensation from Ortega in 1994.           
               Section 162(a) provides that there shall be allowed as a               
          deduction all the ordinary and necessary expenses paid or                   
          incurred during the taxable year in carrying on any trade or                
          business.  Taxpayers must keep sufficient records to establish              
          deduction amounts.  See sec. 6001; Meneguzzo v. Commissioner, 43            
          T.C. 824, 831-832 (1965).  To be entitled to a deduction under              
          section 162(a), 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.               
          See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930).             
          We cannot estimate deductible expenses, however, unless the                 


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