James M. Nitschke and Patricia S. Nitschke - Page 4




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          heavily against the taxpayer whose inexactitude in substantiating           
          the amounts of the expenses is of his own making.  See Cohan v.             
          Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930).  We may                  
          estimate deductible expenses only where the taxpayer presents               
          evidence sufficient to provide some basis upon which estimates              
          may be made.  See Vanicek v. Commissioner, 85 T.C. 731, 742-743             
          (1985).  Section 274(d) supersedes this general rule allowing               
          estimates, however, and provides that--unless the taxpayer                  
          substantiates certain elements--no deduction shall be allowed               
          with respect to:  (1) Traveling expenses under section 162,                 
          including meals and lodging while away from home; (2) any item              
          with respect to an activity of a type considered to be                      
          entertainment, amusement, or recreation; or (3) the use of any              
          listed property, as defined in section 280F(d)(4) to include                
          passenger automobiles, computers and peripheral equipment, and              
          cellular telephones.  For an expense described in any of the                
          above categories, the taxpayer must substantiate by adequate                
          records or sufficient evidence to corroborate the taxpayer’s own            
          testimony:  (1) The amount of the expenditure or use based on the           
          appropriate measure; (2) the time and place of the expenditure or           
          use; (3) the business purpose of the expenditure or use; and (4)            
          in the case of entertainment, the business relationship to the              
          taxpayer of each person entertained.  See sec. 274(d); sec.                 








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