- 5 - He calculated the deduction for car and truck expenses by taking the opening odometer reading on January 1 and the ending odometer reading on December 31, calculating the annual mileage, and applying the standard mileage rate to the annual mileage driven. Contrary to the position taken on his tax returns, petitioner testified that he drove the vehicles for business purposes only and that part of the mileage may have been commuting miles. Petitioner did not keep a mileage log or any other records that would have enabled respondent to determine the total mileage driven by petitioner during 1992 and 1993 and how much of that mileage was for business use. Ordinarily, a taxpayer is permitted to deduct the ordinary and necessary expenses that he pays or incurs during the taxable year in carrying on a trade or business. See sec. 162(a). A taxpayer is required to maintain records sufficient to establish the amount of his deductions. See sec. 6001; sec. 1.6001-1(a), Income Tax Regs. When a taxpayer establishes that he paid or incurred a deductible expense, but does not establish the amount of the deduction, we may estimate the amount allowable in some circumstances. See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). There must be sufficient evidence in the record, however, to permit us to conclude that a deductible expense was incurred in at least the amount allowed. See Williams v. United States, 245 F.2d 559, 560 (5th Cir. 1957). In estimating thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011