Richard William Corduan - Page 8




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               A taxpayer generally must keep records sufficient to                   
          establish the amounts of the items reported on his Federal income           
          tax return.  See sec. 6001; sec. 1.6001-1(a), (e), Income Tax               
          Regs.  However, in the event that a taxpayer establishes that a             
          deductible expense has been paid but is unable to substantiate              
          the precise amount, we generally may estimate the amount of the             
          deductible expense bearing heavily against the taxpayer whose               
          inexactitude in substantiating the amount of the expense is of              
          his own making.  See Cohan v. Commissioner, 39 F.2d 540, 543-544            
          (2d Cir. 1930).  We cannot estimate a deductible expense,                   
          however, unless the taxpayer presents evidence sufficient to                
          provide some basis upon which an estimate may be made.  See                 
          Vanicek v. Commissioner, 85 T.C. 731, 743 (1985).                           
               Section 274(d) imposes stricter requirements and supersedes            
          the Cohan doctrine.  See Sanford v. Commissioner, 50 T.C. 823,              
          827 (1968), affd. 412 F.2d 201 (2d Cir. 1969).  Section 274(d)              
          provides that, unless the taxpayer complies with certain strict             
          substantiation rules, no deduction is allowable (1) for traveling           
          expenses, (2) for entertainment expenses, (3) for expenses for              
          gifts, or (4) with respect to listed property.  To meet the                 
          strict substantiation requirements, the taxpayer must                       
          substantiate the amount, time, place, and business purpose of the           
          expenses.  See sec. 274(d); sec. 1.274-5T, Temporary Income Tax             
          Regs., 50 Fed. Reg. 46006 (Nov. 6, 1985).                                   






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