Sean M. and Julie M. Riley - Page 12




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          Unreimbursed Employee Business Expenses                                     
               We shall now consider whether petitioners are entitled to              
          deduct the unreimbursed employee business expenses they claimed             
          on Schedule A.  In general, all ordinary and necessary expenses             
          paid or incurred in carrying on a trade or business during the              
          taxable year are deductible, but personal, living, or family                
          expenses are not deductible.  Secs. 162(a), 262.  Services                  
          performed by an employee constitute a trade or business.                    
          O’Malley v. Commissioner, 91 T.C. 352, 363-364 (1988); sec.                 
          1.162-17(a), Income Tax Regs.                                               
               If a taxpayer establishes that he or she paid or incurred a            
          deductible business expense but does not establish the amount of            
          the deduction, we may approximate the amount of 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).  For the Cohan rule to                 
          apply, however, a basis must exist on which this Court can make             
          an approximation.  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            
          (5th Cir. 1957).                                                            
               Certain business expenses may not be estimated because of              
          the strict substantiation requirements of section 274(d).  See              
          sec. 280F(d)(4)(A); Sanford v. Commissioner, 50 T.C. 823, 827               







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