- 3 - Using the standard mileage rates, petitioners claimed deductions for car and truck expenses on the Schedules C in the amounts of $16,271 in 1995, $24,485.35 in 1996, and $20,361 in 1997. Respondent disallowed these deductions in their entirety with the exception of $304 allowed for 1997. Taxpayers generally must keep records sufficient to establish the amount of a claimed deduction. See sec. 6001; sec. 1.6001-1(a) and (e), Income Tax Regs. In the event that a taxpayer establishes that a deductible expense has been paid but is unable to substantiate the precise amount, we generally may estimate the amount of the deductible expense bearing heavily against the taxpayer whose inexactitude in substantiating the amount of the expense is of his own making. See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). We cannot estimate a deductible expense, however, unless the taxpayer presents evidence sufficient to provide some basis upon which an estimate may be made. See Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). Section 274(d) imposes stricter requirements and supersedes the Cohan doctrine. See Sanford v. Commissioner, 50 T.C. 823, 827 (1968), affd. 412 F.2d 201 (2d Cir. 1969). Section 274(d) provides that, unless the taxpayer complies with certain strict substantiation rules, no deduction is allowable to the taxpayer (1) for traveling expenses, (2) for entertainment expenses, (3)Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011