Joseph A. and Sari F. Deihl - Page 23

                                       - 23 -                                         
          establishes that he or she paid or incurred a deductible expense            
          but does not establish the precise amount, we may in some                   
          circumstances estimate the allowable deduction, 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).  There must, however, be sufficient evidence in the record           
          to provide a basis upon which an estimate may be made and to                
          permit us to conclude that a deductible expense, rather than a              
          nondeductible personal expense, was incurred in at least the                
          amount allowed.  Williams v. United States, 245 F.2d 559, 560               
          (5th Cir. 1957); Vanicek v. Commissioner, 85 T.C. 731, 742-743              
          (1985).                                                                     
               Furthermore, business expenses described in section 274 are            
          subject to rules of substantiation that supersede the doctrine of           
          Cohan v. Commissioner, supra.  Sanford v. Commissioner, 50 T.C.             
          823, 827-828 (1968), affd. 412 F.2d 201 (2d Cir. 1969); sec.                
          1.274-5T(a), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov.           
          6, 1985).  Section 274(d) provides that no deduction shall be               
          allowed for, among other things, traveling expenses,                        
          entertainment expenses, gifts, and expenses with respect to                 
          listed property (as defined in section 280F(d)(4) and including             
          passenger automobiles, computer equipment, and cellular                     
          telephones) “unless the taxpayer substantiates by adequate                  
          records or by sufficient evidence corroborating the taxpayer’s              






Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011