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necessary business expenses paid or incurred during the taxable
year in carrying on any trade or business. To be “necessary” an
expense must be “appropriate and helpful” to the taxpayer’s
business. Welch v. Helvering, 290 U.S. 111, 113 (1933). To be
“ordinary” the transaction which gives rise to the expense must
be of a common or frequent occurrence in the type of business
involved. Deputy v. Du Pont, 308 U.S. 488, 495 (1940). No
deduction is allowed for personal, living, or family expenses.
Sec. 262(a).
Generally, if a claimed business expense is deductible, but
the taxpayer is unable to substantiate it, the Court is permitted
to make as close an approximation as it can, bearing heavily
against the taxpayer whose inexactitude is of his or her own
making. Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir.
1930). The estimate must have a reasonable evidentiary basis.
Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). However,
section 274 supersedes the doctrine in Cohan v. Commissioner,
supra; sec. 1.274-5T(a), Temporary Income Tax Regs., 50 Fed. Reg.
46014 (Nov. 6, 1985), and requires strict substantiation of
expenses for travel, including lodging, and meals and
entertainment.
A taxpayer is required by section 274(d) to substantiate a
claimed expense by adequate records or by sufficient evidence
corroborating the taxpayer’s own statement establishing the
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Last modified: May 25, 2011