- 38 - amount of gross income, deductions, credits, or other matters required to be shown on the tax return. If the books and records are not adequate to establish the amounts of deductions or credits, but we are persuaded that the taxpayer is entitled to deduct more than the Commissioner allowed, then we are required to make some estimate of how much more should be allowed, “bearing heavily if * * * [we choose] upon the taxpayer whose inexactitude is of his own making.” Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). However, sections 274(d) and 280F(d)(4) provide that no deduction shall be allowed with respect to passenger automobiles or any other property used as a means of transportation unless the taxpayer substantiates certain matters by adequate records or by sufficient records corroborating the taxpayer’s own statement. There is no leeway for Cohan type approximations under section 274(d). See Sanford v. Commissioner, 50 T.C. 823, 827-828 (1968), affd. 412 F.2d 201 (2d Cir. 1969). We are satisfied that petitioner paid about $15,220 for 9 months’ worth of American Express credit card charges. We may fairly assume that petitioner paid additional amounts for the other 3 months’ charges. But we do not have information that persuades us that it is more likely than not that any of these paid amounts satisfy the requirements of section 162(a) as automobile expenses, and, as far as we can tell, the record isPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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