Bruce A. and Kathy J. Krist - Page 7




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          operation of such a business he would have incurred expenses for            
          advertising, telephone, supplies, car and truck, and commissions.           
          Deductions are strictly a matter of legislative grace.  INDOPCO,            
          Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice              
          Co. v. Helvering, 292 U.S. 435, 440 (1934).  Taxpayers must                 
          substantiate claimed deductions.  Hradesky v. Commissioner, 65              
          T.C. 87, 89 (1975), affd. per curiam 540 F.2d 821 (5th Cir.                 
          1976).  Moreover, taxpayers must keep sufficient records to                 
          establish the amounts of the deductions.  Meneguzzo v.                      
          Commissioner, 43 T.C. 824, 831 (1965); Sec. 1.6001-1(a), Income             
          Tax Regs.  Generally, except as otherwise provided by section               
          274(d), when evidence shows that a taxpayer incurred a deductible           
          expense, but the exact amount cannot be determined, the Court may           
          approximate the amount, bearing heavily if it chooses against the           
          taxpayer whose inexactitude is of his own making.  Cohan v.                 
          Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930).  The Court,              
          however, must have some basis upon which an estimate can be made.           
          Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985).                       
          1.   Claimed Expenses for Advertising, Telephone, Supplies, and             
               Commissions                                                            
               Petitioner's check register, for the most part, showed his             
          expenses in a consistent manner.  Thus, we are able to estimate             
          some of the claimed expenses.  In addition to the allowance of              
          the $2,890 for the advertising and telephone expenses agreed to             
          by the parties, we find that petitioners are entitled to deduct             
          additional expenses of $1,856 for advertising and telephone.  We            





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