Tae M. Kim and Young J. Kim - Page 6




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          expenses is of his own making.  See 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.  See Vanicek v. Commissioner, 85 T.C. 731, 743                 
          (1985).  Furthermore, section 274(d) provides that no deduction             
          is allowable under section 162 for any traveling expenses,                  
          including meals and lodging while away from home, or for any                
          entertainment expenses, or with respect to any listed property,             
          defined in section 280F(d)(4) to include passenger automobiles,             
          unless the taxpayer complies with strict substantiation rules.              
          See sec. 274(d)(1), (2), (4).  The taxpayer must substantiate the           
          amount, time, place, and business purpose of these expenses by              
          adequate records or by sufficient evidence corroborating his own            
          statement.  See sec. 274(d); sec. 1.274-5T(b) and (c), Temporary            
          Income Tax Regs., 50 Fed. Reg. 46014, 46016 (Nov. 6, 1985).                 
          These substantiation rules of section 274(d) supersede the Cohan            
          doctrine.  See Sanford v. Commissioner, 50 T.C. 823, 827 (1968),            
          affd. per curiam 412 F.2d 201 (2d Cir. 1969); sec. 1.274-5T(a),             
          Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985).              
               Petitioners submitted various records and documents to                 
          substantiate the claimed business expenses.2  We will separately            


          2         After the trial, respondent requested that his Exhibit            
          D in evidence be stricken from the record, and the Court informed           
                                                             (continued...)           




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