David M. and Teri L. Saykally - Page 33

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          establishes that deductible expenses have been paid, but he is               
          unable to substantiate the precise amount, the court may estimate            
          the amount of such deduction bearing heavily against the                     
          taxpayer.  Cohan v. Commissioner, 39 F.2d 540, 543-44 (2d Cir.               
          1930).  However, the court cannot make such an estimate unless               
          the taxpayer presents sufficient evidence to provide a reasonable            
          basis upon which to make the estimate.  Vanicek v. Commissioner,             
          85 T.C. 731, 743 (1985).                                                     
               The court’s ability to estimate reasonably the amount of a              
          deduction is curtailed in the case of certain classes of                     
          expenses.  Section 274(d) limits the Court’s estimating ability.             
          Sanford v. Commissioner, 50 T.C. 823, 827 (1968), affd. per                  
          curiam 412 F.2d 201 (2d Cir. 1969); see Golden v. Commissioner,              
          T.C. Memo. 1993-602.  Section 274(d) provides:                               
               SEC. 274(d)  Substantiation Required.--No deduction or                  
               credit shall be allowed--                                               
                         (1) under section 162 or 212 for any traveling                
                    expense (including meals and lodging while away from               
                    home),                                                             
                         (2) for any item with respect to an activity which            
                    is of a type generally considered to constitute                    
                    entertainment, amusement, or recreation * * *                      
                         (3) for any expense for gifts, or                             
                         (4) with respect to any listed property (as                   
                    defined in section 280F(d)(4)),                                    
               unless the taxpayer substantiates by adequate records                   
               or by sufficient evidence corroborating the taxpayer’s                  
               own statement * * *.  [Emphasis added.]                                 






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