Carroll R. Furnish - Page 7




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          petitioner has substantiated certain Schedule C business expense            
          deductions that he claimed on his 1993, 1994, and 1995 Federal              
          income tax returns.  Deductions are a matter of legislative                 
          grace, and petitioner bears the burden of proving that he is                
          entitled to the deductions claimed.  Rule 142(a); New Colonial              
          Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).5                            
               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.  Sec. 162(a).  A                   
          taxpayer, however, is required to maintain records sufficient to            
          establish the amounts of his deductions.  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 certain                  
          circumstances.  Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d             
          Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985).           
          There must be sufficient evidence in the record, however, to                
          permit us to conclude that a deductible expense was paid or                 
          incurred in at least the amount allowed.  Williams v. United                
          States, 245 F.2d 559, 560 (5th Cir. 1957).                                  



               5  The examination in this case began in 1996; therefore,              
          sec. 7491 is inapplicable.  Higbee v. Commissioner, 116 T.C. 438,           
          440 (2001) (sec. 7491 applies to examinations commenced after               
          July 22, 1998).                                                             





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