Gary Wilson - Page 13




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          make regular rental payments.  Petitioner offered as evidence of            
          his contributions three checks totaling $417 drawn on his newly             
          created checking account, payable to his mother.  Petitioner was            
          physically present in Idaho when he delivered the checks to his             
          mother.  These infrequent and nominal amounts are neither                   
          substantial nor continuous.  They are not strong indications that           
          petitioner was burdened by duplicate living expenses; indeed,               
          they indicate to the contrary.  We accordingly conclude that                
          petitioner is not entitled to relief on the theory that his                 
          employment in southern California was temporary.  Kroll v.                  
          Commissioner, 49 T.C. at 562.                                               
               b. Substantiation                                                      
               For the sake of completeness, we summarily address whether             
          petitioner substantiated the expenses he claimed as travel                  
          expense deductions.  Even if petitioner had persuaded us that the           
          travel expenses he claimed as deductions were incurred while he             
          was “away from home”, the deductions would be disallowed because            
          petitioner has failed to meet the substantiation requirements of            
          section 274(d).  Generally, when evidence shows that a taxpayer             
          incurred a deductible expense, but the exact amount cannot be               
          determined, the Court may estimate the amount allowable as a                
          deduction.  Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir.            
          1930).  However, section 274(d) precludes the estimation of                 
          travel expense deductions otherwise allowable under section 162.            






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