Thomas James Allen - Page 5

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          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).  Furthermore, section 274(d) supersedes the Cohan                   
          doctrine and prohibits estimating certain expenses.  Sanford v.             
          Commissioner, 50 T.C. 823, 827 (1968), affd. 412 F.2d 201 (2d               
          Cir. 1969).  That section provides that unless the taxpayer                 
          complies with certain strict substantiation rules, no deduction             
          is allowable (1) for travel expenses, (2) for entertainment                 
          expenses, (3) for expenses for gifts, or (4) with respect to                
          listed property.  Listed property includes passenger automobiles            
          and other property used as a means of transportation, computers,            
          and cell phones or other similar telecommunications equipment.              
          Sec. 280F(d)(4).  To meet the strict substantiation requirements,           
          the taxpayer must substantiate the amount, time, place, and                 
          business purpose of the expenses.  Sec. 274(d); sec. 1.274-5T,              
          Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985).              







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