Akin Falodun - Page 8




                                        - 7 -                                         
          sufficient to permit verification of income and expenses.  See              
          sec. 1.6001-1(a), Income Tax Regs.                                          
               As a general rule, if, in the absence of such records, a               
          taxpayer provides sufficient evidence that the taxpayer has                 
          incurred a deductible expense, but the taxpayer is unable to                
          adequately substantiate the amount of the deduction to which he             
          or she is otherwise entitled, the Court may estimate the amount             
          of such expense and allow the deduction to that extent.  Cohan v.           
          Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930).  However, in             
          order for the Court to estimate the amount of an expense, we must           
          have some basis upon which an estimate may be made.  Vanicek v.             
          Commissioner, 85 T.C. 731, 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).                                  
               In the case of certain expenses, section 274(d) overrides              
          the so-called Cohan doctrine.  Sanford v. Commissioner, 50 T.C.             
          823, 827 (1968), affd. per curiam 412 F.2d 201 (2d Cir. 1969);              
          sec. 1.274-5T(a), Temporary Income Tax Regs., 50 Fed. Reg. 46014            
          (Nov. 6, 1985).  Specifically, and as relevant herein, section              
          274(d) provides that no deduction is allowable with respect to              
          listed property as defined in section 280F(d)(4) unless the                 
          deduction is substantiated in accordance with the strict                    
          substantiation requirements of section 274(d) and the regulations           
          promulgated thereunder.  Included in the definition of listed               







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: March 27, 2008