Lee B. Arberg and Melissa A. Quinn - Page 38




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          normal or customary within a particular trade, business, or                 
          industry.  Deputy v. Du Pont, 308 U.S. 488, 495 (1940).  An                 
          expense is necessary if it is appropriate and helpful for the               
          development of the business.  Commissioner v. Heininger, 320 U.S.           
          467, 471 (1943).  Section 262, in contrast, precludes deduction             
          of “personal, living, or family expenses.”                                  
               The breadth of section 162(a) is tempered by the requirement           
          that any amount claimed as a business expense must be                       
          substantiated, and taxpayers are required to maintain records               
          sufficient therefor.  Sec. 6001; Hradesky v. Commissioner, 65               
          T.C. at 89-90; sec. 1.6001-1(a), Income Tax Regs.  When a                   
          taxpayer adequately 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, 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).                                                                     








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