Gary Wilson - Page 16




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               A taxpayer is entitled to deduct the ordinary and necessary            
          expenses he incurs during the taxable year in carrying on a trade           
          or business.  Sec. 162(a).  To avail himself of the deduction, a            
          taxpayer is required to maintain adequate records sufficient to             
          establish the amounts of the deductions.  Sec. 6001; Meneguzzo v.           
          Commissioner, 43 T.C. 824, 831-832 (1965).  The burden of                   
          substantiation rests with the taxpayer.  Hradesky v.                        
          Commissioner, 65 T.C. 87, 89-90 (1975), affd. 540 F.2d 821 (5th             
          Cir. 1976).                                                                 
               Beyond two statements reflecting amounts contributed as                
          supplemental union dues, petitioner did not proffer any records             
          to substantiate his entitlement to the deductions claimed.                  
          Petitioner did not meet the record-keeping requirements of                  
          section 6001.  Petitioner did, however, offer his own testimony             
          regarding the nature and amounts of the expenses.                           
               When there are no records to substantiate deductions, the              
          Court can estimate the amounts of allowable deductions if (1)               
          there is evidence that the expenses were in fact incurred, and              
          (2) there is a basis upon which an estimate may be made.  Cohan             
          v. Commissioner, supra at 543-544; Vanicek v. Commissioner, 85              
          T.C. 731, 742-743 (1985).                                                   
               Petitioner’s testimony as to the amount of each expense                
          claimed was as follows:  Approximately $200 for work boots at               








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