Adolfo and Maria Bedoy - Page 5




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          a deduction all the ordinary and necessary expenses paid or                 
          incurred in carrying on any trade or business.  Deductions are              
          strictly a matter of legislative grace.  INDOPCO, Inc. v.                   
          Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v.               
          Helvering, 292 U.S. 435, 440 (1934).  Taxpayers must substantiate           
          claimed deductions.  Hradesky v. Commissioner, 65 T.C. 87, 89               
          (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976).  Moreover,           
          taxpayers must keep sufficient records to establish the amounts             
          of the deductions.  Meneguzzo v. Commissioner, 43 T.C. 824, 831             
          (1965); sec. 1.6001-1(a), Income Tax Regs.  Generally, except as            
          otherwise provided by section 274(d), when evidence shows that a            
          taxpayer incurred a deductible expense, but the exact amount                
          cannot be determined, the Court may approximate the amount,                 
          bearing heavily if it chooses against the taxpayer whose                    
          inexactitude is of his own making.  Cohan v. Commissioner, 39               
          F.2d 540, 543-544 (2d Cir. 1930).  The Court, however, must have            
          some basis upon which an estimate can be made.  Vanicek v.                  
          Commissioner, 85 T.C. 731, 742-743 (1985).  There are strict                
          substantiation requirements under section 274(d) for items such             
          as travel expenses and meals.                                               
               Respondent stated that up to the date of trial, petitioners            
          provided no substantiation.  The day of trial, petitioner                   
          provided evidence that $315 of dental expenses were paid.                   







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