David and Gail Vigil - Page 13




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          B.   Business Expense Deductions                                            
               Respondent disallowed certain deductions petitioners claimed           
          on Schedule C, specifically:  $3,463 for meals and entertainment            
          expenses; $12,347 for travel expenses; $7,862 for supplies; and             
          $17,199 for car and truck expenses.  Respondent disallowed each             
          of these deductions in full but allowed the remaining $26,403               
          petitioners claimed as business expenses.                                   
               As a general rule, section 162(a) authorizes a deduction for           
          “all the ordinary and necessary expenses paid or incurred during            
          the taxable year in carrying on any trade or business”.                     
          Taxpayers are required to maintain records sufficient to                    
          substantiate each claimed deduction.  Sec. 6001; Hradesky v.                
          Commissioner, 65 T.C. 87, 89-90 (1975), affd. 540 F.2d 821 (5th             
          Cir. 1976); sec. 1.6001-1(a), Income Tax Regs.                              
               When a taxpayer adequately establishes that he 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 own making.  Cohan v. Commissioner, 39               
          F.2d 540, 544 (2d Cir. 1930).  We can estimate the amount of the            
          deductible expense only when the taxpayer produces evidence                 
          sufficient to establish a rational basis upon which the estimate            
          can be made.  Vanicek v. Commissioner, 85 T.C. 731, 742-743                 
          (1985).                                                                     







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