James M. and Karen K. Barton - Page 7

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          is entitled to the deductions.  Sec. 6001; Hradesky v.                      
          Commissioner, 65 T.C. 87 (1975), affd. per curiam 540 F.2d 821              
          (5th Cir. 1976); sec. 1.6001-1(a), (e), Income Tax Regs.  If a              
          taxpayer establishes that he or she paid or incurred a deductible           
          business expense but does not establish the amount of the                   
          deduction, this Court may approximate the amount of allowable               
          business deductions, bearing heavily against the taxpayer whose             
          inexactitude is of his or her own making.  Cohan v. Commissioner,           
          39 F.2d 540, 543-544 (2d Cir. 1930).  For the Cohan rule to                 
          apply, however, a basis must exist on which this Court can make             
          an approximation.  Vanicek v. Commissioner, 85 T.C. 731, 742-743            
          (1985).  Without such a basis, any allowance would amount to                
          unguided largesse.  Williams v. United States, 245 F.2d 559, 560            
          (5th Cir. 1957).                                                            
          Strict Substantiation                                                       
               With respect to certain business expenses specified in                 
          section 274(d), more stringent substantiation requirements apply.           
          No deduction may be allowed for expenses incurred for travel                
          expenses, specifically including meals and entertainment, and               
          “listed property”,7 unless the taxpayer substantiates certain               
          elements.  Passenger automobiles are “listed property” under                
          section 280F(d)(4)(A)(i).                                                   



               7Listed property is defined in sec. 280F(d)(4).                        




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