- 3 - and rental expenses of $9,330 on Schedule E, Supplemental Income and Loss. Respondent disallowed $13,529 of the business expenses and $7,292 of the rental expenses.1 Section 162(a) allows a deduction for the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. Section 212(2) allows a deduction for the ordinary and necessary expenses paid during the taxable year for the management, conservation, or maintenance of property held for the production of income. Section 262 provides that no deduction is allowed for personal, living, or family expenses. Taxpayers generally must keep sufficient records to establish the amounts of claimed deductions. See sec. 6001; Meneguzzo v. Commissioner, 43 T.C. 824, 831-832 (1965). With certain exceptions, in the event that a taxpayer establishes that a deductible expense has been paid but is unable to substantiate the precise amount, we may estimate the amount of the deductible expense, bearing heavily against the taxpayer whose inexactitude in substantiating the amounts of the expenses is of his own making. See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). We cannot estimate deductible expenses, however, unless the taxpayer presents evidence sufficient to provide some basis 1Petitioners concede several individual business and rental expense deductions which we need not list in detail.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011