Robert D. and Patricia M. Braun - Page 5

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          expense but is unable to substantiate the precise amount, the               
          Court may approximate the amount, bearing heavily if it chooses             
          against the taxpayer whose inexactitude is of his own making.               
          Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930).  The            
          Court must, however, have evidence sufficient to provide a                  
          rational basis upon which an estimate can be made.  Vanicek v.              
          Commissioner, 85 T.C. 731, 742-743 (1985).                                  
               Section 274(d) imposes more stringent substantiation                   
          requirements for the deduction of traveling, automobile, and                
          entertainment expenses.  Taxpayers must substantiate these items            
          by adequate records in order to claim deductions, documenting               
          details such as the amount and place of each separate                       
          expenditure, the property's business and total usage, and the               
          date and business purpose of the expenditure or use.  Sec.                  
          274(d); sec. 1.274-5T(b), Temporary Income Tax Regs., 50 Fed.               
          Reg. 46014 (Nov. 6, 1985).  These strict substantiation                     
          requirements with respect to expenses for travel, meals,                    
          entertainment, and expenses relating to the use of listed                   
          property preclude this Court from using the "Cohan rule" to                 
          estimate the deductible amount of such expenses.  Sanford v.                
          Commissioner, 50 T.C. 823, 827-828 (1968), affd. per curiam 412             
          F.2d 201 (2d Cir. 1969).  Where, however, a taxpayer establishes            
          that the failure to produce adequate records is due to the loss             
          of such records through circumstances beyond the taxpayer's                 






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