Verta Hill - Page 12

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               In the case of an item held for personal use, the amount               
          deductible is governed by section 1.165-7(b)(1), Income Tax                 
          Regs., which provides that the amount of the loss to be taken               
          into account for purposes of section 165(a) shall be the lesser             
          of:  (1) The amount which is equal to the fair market value of              
          the property immediately before the casualty reduced by the fair            
          market value of the property immediately after the casualty, or             
          (2) the amount of the adjusted basis for determining the loss               
          from the sale or other disposition of the property involved.                
               Section 6001 and the regulations promulgated thereunder                
          require taxpayers to maintain records sufficient to permit                  
          verification of income and expenses.  As a general rule, if the             
          trial record provides sufficient evidence that the taxpayer has             
          incurred a deductible expense, but the taxpayer is unable to                
          adequately substantiate the precise amount of the deduction to              
          which she is otherwise entitled, the Court may estimate the                 
          amount of the deductible expense and allow the deduction to that            
          extent, bearing heavily against the taxpayer whose inexactitude             
          in substantiating the amount of the expense is of her own making.           
          Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930).  However, in             
          order for the Court to estimate the amount of an expense, the               
          Court must have some basis upon which an estimate may be made.              
          Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985).  Without              







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Last modified: May 25, 2011