Laura D. Seidel - Page 22

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          extent, bearing heavily against the taxpayer whose inexactitude             
          in substantiating the amount of the expense is of his 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              
          such a basis, any allowance would amount to unguided largesse.              
          Williams v. United States, 245 F.2d 559, 560-561 (5th Cir. 1957).           
          Further, section 274(d) prohibits the estimation of expenses for            
          travel or deductions with respect to certain listed property;               
          thus, the Cohan rule does not apply to these types of expenses.             
          Sanford v. Commissioner, 50 T.C. 823, 827-828 (1968), affd. per             
          curiam 412 F.2d 201 (2d Cir. 1969).  Listed property includes               
          automobiles.  Sec. 280F(d)(4).                                              
               During taxable year 1999, petitioner did not maintain books            
          and records for her jewelry activity, Port of Mystery, such as a            
          general ledger or other appropriate journals.  Petitioner                   
          purportedly kept “notes” of cash receipts received through her              
          activity.  However, petitioner claims that she could not produce            
          such receipts because her computer, which contained a record of             
          such receipts and notes, “crashed”.  Petitioner did not attempt             
          to reconstruct her records after her computer purportedly failed.           
               Petitioner claimed she incurred cost of goods sold in the              
          amount of $4,449 on her original return but changed such claim              






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