Efrain J. and Josefina Xuncax - Page 10




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          and necessary expenses paid or incurred during the taxable year             
          in carrying on any trade or business”.  Yet as with cost of goods           
          sold, amounts deducted must be substantiated, and records                   
          sufficient to establish such deductions must be maintained by the           
          taxpayer.  Sec. 6001; Hradesky v. Commissioner, 65 T.C. 87, 89-90           
          (1975), affd. 540 F.2d 821 (5th Cir. 1976); sec. 1.6001-1(a),               
          Income Tax Regs.                                                            
               When a taxpayer adequately establishes that he or she paid             
          or incurred a deductible expense but does not establish the                 
          precise amount, we may in some circumstances estimate the                   
          allowable deduction, 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).  There must, however, be               
          sufficient evidence in the record to provide a basis upon which             
          an estimate may be made and to permit us to conclude that a                 
          deductible expense was incurred in at least the amount allowed.             
          Williams v. United States, 245 F.2d 559, 560 (5th Cir. 1957);               
          Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985).                       
               Furthermore, business expenses described in section 274 are            
          subject to rules of substantiation which supersede the doctrine             
          of Cohan v. Commissioner, supra.  Sanford v. Commissioner, 50               
          T.C. 823, 827-828 (1968), affd. 412 F.2d 201 (2d Cir. 1969); sec.           
          1.274-5T(a), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov.           
          6, 1985).  Section 274 provides that no deduction shall be                  






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