- 14 - amount of his deductions. Sec. 6001; sec. 1.6001-1(a), Income Tax Regs. If a taxpayer is unable to fully substantiate the expenses incurred in his trade or business but there is evidence that deductible expenses were incurred, the Court may nevertheless allow a deduction based upon an approximation of expenses. Ellis Banking Corp. v. Commissioner, 688 F.2d 1376 (11th Cir. 1982), affg. in part and remanding in part T.C. Memo. 1981-123; Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985). Respondent does not dispute and we conclude that petitioner was in the trade or business of performing architectural CAD drafting services in 1997. Respondent argues that petitioner failed to substantiate the expenses for which he claimed deductions on his Schedule C. We shall discuss each claimed expense below. A. Car and Truck Expenses Petitioner claimed a deduction of $186 on his Schedule C for car and truck expenses. It is not clear from his Schedule C or the attached Form 4562, Depreciation and Amortization, whether the claimed amount represents depreciation for his Nissan Altima automobile, a standard mileage allowance, or actual expenses such as gasoline and tolls. To deduct expenses, such as depreciation, with respect to “listed property” under section 280F(d)(4)(i), which includes anPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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