- 19 - We hold that petitioner’s clothing expenditures constitute personal expenses nondeductible under section 262(a) rather than unreimbursed employee business expenses deductible under section 162. C. Tax Preparation Fees The parties have stipulated that, prior to trial, petitioner failed to provide substantiation for her Schedule A deduction of $617 for tax preparation fees, and she provided no substantiation during the trial. She has failed to provide even the minimal substantiation that might permit us to estimate the allowable deduction as permitted under Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). Even under Cohan, there must be sufficient evidence in the record to provide a basis upon which an estimate may be made. Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985). Here, there is none. That complete absence of substantiation means that (1) petitioner retains the burden of proving her right to deduct any amount for tax preparation fees, see sec. 7491(a)(2)(A); Rule 142(a), and (2) she has failed to sustain that burden. 8(...continued) Court, she necessarily fails the objective test applied by the Court of Appeals for the Fifth Circuit in Pevsner, which casts a wider net. It does not appear that the Court of Appeals for the Third Circuit, to which an appeal of this case would most likely lie, has specifically adopted either test.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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