Dorothy A. Wilson - Page 9




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               3. Schedule E Deductions                                               
               Section 212 provides a deduction for all ordinary and                  
          necessary expenses paid or incurred with respect to management,             
          conservation, and maintenance of property held for production of            
          income, including real property.  Sec. 1.212-1(h), Income Tax               
          Regs.                                                                       
               A taxpayer is required to maintain records sufficient to               
          establish the amount of his income and deductions.  Sec. 6001;              
          sec. 1.6001-1(a), (e), Income Tax Regs.  A taxpayer must                    
          substantiate his deductions by maintaining sufficient books and             
          records to be entitled to a deduction under section 212.                    
               When a taxpayer establishes that he has incurred a                     
          deductible expense, but is unable to substantiate the exact                 
          amount, we are, in some circumstances, permitted to estimate the            
          deductible amount.   Cohan v. Commissioner, 39 F.2d 540, 543-544            
          (2d Cir. 1930).  We can estimate the amount of the deductible               
          expense only when the taxpayer provides evidence sufficient to              
          establish a rational basis upon which the estimate can be made.             
          Vanicek v. Commissioner, 85 T.C. 731, 743 (1985).                           
               The record is void of adequate receipts, records, or other             
          evidence that would provide a rational basis upon which an                  
          estimate could be made.  Therefore, petitioner is not entitled to           
          deductions in excess of the amounts permitted by respondent.                








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