William Maher - Page 8




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          $4,635.90, $2,043.17, and $773.20, respectively.  We conclude               
          that Mr. Maher is entitled to deduct these amounts as alimony.              
               We found that Mr. Maher paid homeowners insurance on 305               
          Livermore totaling $812.  Accordingly, one-half of the homeowners           
          insurance equals $406.  We conclude that Mr. Maher is entitled to           
          deduct this amount as alimony.                                              
               We found that Mr. Maher paid $2,688 in health insurance                
          premiums in 1998 and that 30 percent of Mr. Maher’s health care             
          premiums were for the benefit of Mrs. Maher.  Accordingly, we               
          conclude that Mr. Maher is entitled to deduct $806.40 of the                
          health care premiums as alimony.                                            
               The evidence establishes that Mr. Maher paid $2,364 in                 
          automobile insurance in 1998.  When a taxpayer establishes that             
          he has incurred a deductible expense but is unable to                       
          substantiate the exact amount, we can estimate the deductible               
          amount, but only if the taxpayer presents sufficient evidence to            
          establish a rational basis for making the estimate.  See Cohan v.           
          Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930); Vanicek v.               
          Commissioner, 85 T.C. 731, 742-743 (1985).  On the basis of the             
          record presented, we estimate that one-half of the automobile               
          insurance was attributable to Mrs. Maher.  Accordingly, we                  
          conclude that Mr. Maher is entitled to deduct $1,182 of the                 
          automobile insurance as alimony.                                            








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