John Mosier and Sarah Spain - Page 7




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               1The notice of deficiency states that petitioners had already consented
               to the assessment of a $1,207 deficiency resulting from this $4,200    
               adjustment.  This previously assessed tax was subtracted from the corrected
               tax liability in arriving at the amount of the deficiency at issue in this
               case.  See sec. 6211(a)(1)(B).  Petitioners nevertheless dispute this  
               adjustment.  Due to our holding on the issue in this case we need not address
               the relevancy of any consent by petitioners to an assessment.          
               We now turn to the issue for decision.  As a general rule,             
          ordinary and necessary business expenses are deductible, but                
          personal, family, and living expenses are not.  Secs. 162(a),               
          262(a).                                                                     
               A taxpayer generally must keep records sufficient to                   
          establish the amounts of the items reported on his Federal income           
          tax return.  Sec. 6001; sec. 1.6001-1(a), (e), Income Tax Regs.             
          However, 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.  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.  Vanicek v.                       
          Commissioner, 85 T.C. 731, 743 (1985).                                      
               Section 274(d) supersedes the Cohan doctrine.  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             





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