- 5 - if an expenditure is motivated primarily by personal considerations, no deduction generally will be allowed. See Henry v. Commissioner, 36 T.C. 879, 884 (1961). An individual may engage in the trade or business of rendering services as an employee. See O’Malley v. Commissioner, 91 T.C. 352, 363-364 (1988), affd. 972 F.2d 150 (7th Cir. 1992); Primuth v. Commissioner, 54 T.C. 374, 377 (1970). Consequently, an employee’s business expenses may be deductible under section 162. See Johnson v. Commissioner, 115 T.C. 210, 217 (2000); O’Malley v. Commissioner, supra; Primuth v. Commissioner, supra at 377-378. Deductions are strictly a matter of legislative grace, and a taxpayer must meet the specific statutory requirements for any deduction claimed. See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Taxpayers are required to maintain records sufficient to substantiate their claimed deductions. See sec. 6001; sec. 1.6001-1(a), Income Tax Regs. Under certain circumstances, if claimed deductions are not adequately substantiated, we may estimate them, provided we are convinced that the taxpayer has incurred such expenses and we have a basis upon which to make an estimate. See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 743 (1985).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011