1995-309). Memo. 14 Wall St. 19th Floor This often is referred to as the "Cohan Rule." Furthermore, in Suder v. 1976), affd, 615 F.2d 226 (5th Cir. If your return is chosen at random, the IRS will review each line to establish the norms that will be used to trigger future audits. Memo 2012-272;Rogers v. Commr, T.C. The IRS often allows self-employed taxpayers to substantiate expenses throgh other means. . var plc461033 = window.plc461033 || 0; A corollary is that the IRS is under no obligation to estimateor accept a taxpayer's estimateunder Cohan. %%EOF IRC section 274(d) requires taxpayers to substantiate certain deductions with adequate records or sufficient evidence to document the amount of the expense or item, the time and place of the travel or the date and description of the gift, the business purpose of the expense or item, and the business relationship to the taxpayer of the person receiving the benefit. endstream endobj 492 0 obj <>/Metadata 32 0 R/Pages 489 0 R/StructTreeRoot 51 0 R/Type/Catalog>> endobj 493 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/StructParents 0/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 494 0 obj <>stream [31] Cohan, at 544 (L. Hand, J.) [2] Cohan, at 544; See also Dunn v. What If A Taxpayer Doesn't Have Receipts? - Forbes For example, the court refused expense deductions for claimed business travel when the taxpayer could not document every element of his trips, including the number of trips, when they were taken, and their business purpose. 2005-157 and Stewart, T.C. Your use of the translations is subject to all use restrictions contained in your Electronic Products License Agreement and by using the translation functionality you agree to forgo any and all claims against ProQuest or its licensors for your use of the translation functionality and any output derived there from. IRS Guidelines for Determining Noncompliance - The Cohan Rule <> Support Center Find answers to questions about products, access, use, setup, and administration. Until the trier has that assurance from the record, relief to the taxpayer would be unguided largesse [Williams v. United States, 245 F.2d 559, 561 (5th Cir. Try logging in through your library or institution to get access to these tools. The Service maintains that 26 USCA 274(d) supersedes the Cohan rule by disallowing certain categories of expenses (including most entertainment, travel, and gift expenses) and supersedes the Cohan rule. Facing an IRS tax audit with missing receipts? McFerrin was not entitled to the credit and that it had issued How Much Should I Set Aside for 1099 Taxes? It is important to note that the regulations do not allow for a re-creation of the expense log without sufficient supporting evidence. 1930), if taxpayers can show that they paid a deductible expense but cannot substantiate the exact amount, the Tax Court may estimate an allowable amount. 1968), affd, 440 F.2d 1 (6th Cir. 1980) (the court held the patents cost to be $15,000 while the taxpayers testified that they cost $50,000). Courts are particular about how and even when the rule may be applied. Longer documents can take a while to translate. endobj As discussed above, courts (and certainly the IRS) appear to view the section 274 documentation requirements as strictly mandatory and not amenable toCohanrule estimation (indeed, the regulations clearly demonstrate an intent to prevent such estimation). A taxpayer may not rely on theCohanrule where statutory or regulatory provisions specifically establish substantiation requirements. The Tax Court has utilized the Cohan Rule to value an amount of stock confiscated by a foreign government. Cohan Rule - WCG CPAs Historic Tax Case | Cohan v. Commissioner - Freeman Law document.write('<'+'div id="placement_456219_'+plc456219+'">'); 1957); Haskins v. Commr of Internal Revenue, 118 T.C.M. Tax Court concluded that the taxpayer could not use general However, relying on the Cohan [29] These strict rules generally require that a taxpayer substantiate with adequate records or by sufficient evidence corroborating the taxpayers own statement: (1) the amount of the expense; (2) the time and place the expense was incurred; (3) the business purpose of the expense; and (4) in the case of an entertainment expense, the business relationship between the person entertained and the taxpayer. The appellate courts opinion is less than a model of clarity, yet it appears that the court was most influenced by the BTAs factual findings (i.e., the existence ofsomebusiness-related expenses): The question is how far this refusal [to allowanydeduction] is justified, in view of the finding that [Cohan] had spent much and that the sums were allowable expenses (Cohan, 39 F.2d, at 543). Rejecting the IRSs objections, the court stated that absolute certainty in such matters is usually impossible and is not necessary; the Board should make as close an approximation as it can, bearing heavily if it chooses upon the taxpayer whose inexactitude is of his own making (Cohan, 39 F.2d, at 544). AdButler.ads.push({handler: function(opt){ AdButler.register(165519, 459481, [300,250], 'placement_459481_'+opt.place, opt); }, opt: { place: plc459481++, keywords: abkw, domain: 'servedbyadbutler.com', click:'CLICK_MACRO_PLACEHOLDER' }}); if (!window.AdButler){(function(){var s = document.createElement("script"); s.async = true; s.type = "text/javascript";s.src = 'https://servedbyadbutler.com/app.js';var n = document.getElementsByTagName("script")[0]; n.parentNode.insertBefore(s, n);}());}. If you keep a business calendar, you may use that information to determine when and where you traveled for a job or business meeting. The rule was outlined in the court's decision in Cohan v. John Miller is a faculty instructor at [8] Vanicekv.Commissioner,85T.C. 1.2745T(b); see also Sham v. Commissioner, T.C. the court should estimate Without such evidence, a taxpayer is generally not allowed a deduction (IRC section 162[a];Furman v. Commr, T.C. Tax preparers face sanctions for improperly using estimates, including the penalties under Sec. <>/XObject<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 720 405] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The Cohan rule still allows taxpayers to prove by "other credible evidence" that they actually incurred deductible expenses. Because taxpayers relying upon the Cohan rule In the business deduction context, the taxpayers threshold burden is evidentiary. Indeed, it might be a rare taxpayer who, like the taxpayer in Cohan, is wholly unable to document the existence and the amount of a disputed item. var abkw = window.abkw || ''; 1930)). AdButler.ads.push({handler: function(opt){ AdButler.register(165519, 461033, [300,600], 'placement_461033_'+opt.place, opt); }, opt: { place: plc461033++, keywords: abkw, domain: 'servedbyadbutler.com', click:'CLICK_MACRO_PLACEHOLDER' }}); [13], The Tax Court has applied the Cohan rule to estimate the basis of stock. If you can reconstruct the evidence, you can use that to make an reasonable estimate for the deduction. PDF Additional Requirements for Appeals Access and Compressed Case Related examination. totally if a taxpayer does not have all the records required This the court will not do.); Dowell v. United States[752 USTC 9819], 522 F.2d at 714; Williams v. United States, 245 F.2d 559 (5th Cir. $'1#!,p,'7U- vR{pRj0W a^QPlqnGoX'y8Rj ^qi{ 2005-212. However, gamblers typically do not keep complete records of their gambling wins and losses. Cohan Rule | RJS LAW | Tax Attorney | San Diego AdButler.ads.push({handler: function(opt){ AdButler.register(165519, 456219, [300,600], 'placement_456219_'+opt.place, opt); }, opt: { place: plc456219++, keywords: abkw, domain: 'servedbyadbutler.com', click:'CLICK_MACRO_PLACEHOLDER' }}); var AdButler = AdButler || {}; AdButler.ads = AdButler.ads || []; All rights reserved. ), the court determined that the basis in the stock was at least equal to its par value. But this obligation is more often honored in the breach. ",#(7),01444'9=82. You can then either accept the IRSs findings or file an appeal. to meet, the taxpayer burden remains high in missing record On appeal, the Second Circuit reversed the disallowance [Cohan, 39 F.2d 540 (1930)]. The Cohan Rule can and has been successfully applied to numerous deductions, including but not limited to: patents, patent applications, and copyrights; stock confiscated by a foreign government; and coin collections. 5 0 obj research credits if the taxpayer can prove that it incurred Substantiation standards further derived from the Cohan rule have been held previously to deductions regarding legal fees,[23] interest,[24] stolen property,[25] and home offices. hb```rVg eaXSA4Rnc83wzqG3%2))z(k^PR2XzOpAA~ ". <> When dealing with clients who have incomplete records, Get the tax info they should have taught us in school, Tax filing for freelancers and side hustlers. Estimating Tax Deductions: The Cohan Rule | TaxConnections using its authority. The basic requirement is that there be sufficient evidence to satisfy the trier thatat leastthe amount allowed in the estimate was in fact spent or incurred for the stated purpose. Cohan rule is a that has roots in the common law. 1999); See Danville Plywood Corp. v. United States [90-1 USTC 50,161], 899 F.2d 3 (Fed.Cir.1990). Can a credit be claimed or should it be left off The issue of missing or lost receipts is so common that in 1930 the United States Court of Appeals For the Second Circuit outlined a rule on how the IRS should proceed in those situations. He has previously been recognized by Super Lawyers as a Top 100 Up-And-Coming Attorney in Texas. Oct. 25, 2017). [31], For the Cohan Rule to apply, a taxpayer must provide some substantiated basis for any estimates. whether the return preparer should have considered estimates. Mr. var abkw = window.abkw || ''; [7] Rodman v. Commissioner [762 USTC 9710], 542 F.2d 845, 854 (2nd Cir.1976) ([r]egardless of theCohanrule with respect toamountsallowable, the courts have consistently held that at least theexistenceof an expense must be proved before any deduction can be taken.)(Emphasis in original). [21] Id. Movies and TV shows often depict IRS audit notices as dramatic showdowns between the taxpayer and IRS agents. The IRS will only require that you provide evidence that you claimed valid business expense deductions during the audit process. Noncash gifts over $500 require additional details on Form 8283. 1982). This is primarily the result of the IRSs claims that most tax cheats are self-employed individuals who have either not claimed all their income or claimed tax deductions they were not eligible to take. 1957) (emphasis in original)]. A taxpayer must adequately establish an evident right to a deduction[7] as well as provide some basis for such an estimate. the taxpayer failed to make efforts to reconstruct the records difficult decision for preparers. For example, if you claim $1,200 worth of office supplies, you cannot simply say that you . (CCH) 619 (T.C. })(); var AdButler = AdButler || {}; AdButler.ads = AdButler.ads || []; AdButler.ads.push({handler: function(opt){ AdButler.register(165519, 459496, [300,600], 'placement_459496_'+opt.place, opt); }, opt: { place: plc459496++, keywords: abkw, domain: 'servedbyadbutler.com', click:'CLICK_MACRO_PLACEHOLDER' }}); He is a former recipient of the American Bar Associations On the Rise Top 40 Young Lawyers in America award. x]K02M ]"m&QQEys3ibf)ET|SDz YSK}]doGUY;Q =PY)E2Y h,hU)NTkEA`Zr04[4YduGY]97 Taxpayers are, of course, statutorily required to maintain adequate records to support the items reported on their returns (see IRC section 6001). You may have access to the free features available through My Research. Cohan v. Commissioner, 39 F.2d 540 | March 3, 1930 | L. Hand, Circuit Judge | Docket No. hbbd``b`@HpA\,q b,Ay XDlq %$ O@BHH 1 2\h!crF% e 1969);Noz v. Commr, T.C. The IRS sought to disallow all of the claimed deductions. Memo 2020-127). What Is The Cohan Rule, and Does It Help You? - jmtaxlaw.com 1996). Although a detailed discussion of section 274 is beyond the scope of this article, the important point relevant to this discussion is that section 274(d) imposes specific documentation standards that trump theCohanrule. var pid228993 = window.pid228993 || rnd; The Statute of Limitations for Receipts [12] The Tax Court has also applied the Cohan Rule for patents even in cases where the records regarding the patents have been destroyed, though the final amounts entered by the Tax Court were far less than the taxpayers estimates. The Cohan Rule in 2018 | Castro & Co. [3] His most memorable accomplishment, however, may be his memorialization in the tax code. Hide full disclaimer, Select results items first to use the cite, email, save, and export options. [19] Furthermore, the basis granted was a significant reduction from the taxpayers estimate of $3 million and the Commissioners certified estimated loss of $9.5 million. strict compliance with documentation standards may not be Share this resource with other solopreneurs. [3] Approximations are not allowed for such expenses. [32] This is also true for taxpayers alleging records lost through no fault of their own. For further guidance, BR estimates when the clients records do not strictly adhere to Courts will not guess, nor will they approve or sanction the taxpayers guess. any, added disclosures are required. 179D energy-efficient commercial buildings deduction, IRS provides guidance on perfecting S elections and QSub elections. [1] The rule has since stood for the proposition that, with some exceptions, taxpayers who are unable to produce complete records may nonetheless be allowed to estimate certain tax deductions. As the above discussion demonstrates, theCohanrule can be a useful tool for taxpayers in a variety of circumstances; CPAs, however, should remember the rules proper application and its limitations. If you log in through your library or institution you might have access to this article in multiple languages. b6 ITKvI20n`6031[ogd#q!$ ]8u8?:P7K30iidA0200 +@$ Rather than keep you waiting, we have only translated the first few paragraphs. 1930)) should permit the court to estimate the appropriate allocation of wages between qualified and nonqualified services. IRS Wants Receipts? This Tax Case Says They Are Optional - Forbes Today, Cohan George M. Cohan, the famous entertainer, was disallowed a deduction for travel and business expenses because he was unable to substantiate any of the expenses. document.write(''); var rnd = window.rnd || Math.floor(Math.random()*10e6); Knowledge is power. He has been credited with writing and publishing over 300 songs (including Youre a Grand Old Flag), over a dozen musicals, being a fabulous entertainer, networker, and generally credited with making Broadway into the global landmark it is today (see his statute and plaque in Manhattans famous Duffy Square). The decision still stands - direct records are not needed to verify an IRS expense deduction. It is important for preparers to understand that theCohanrule is of only limited utility: First, and perhaps most importantly, it is discretionary and not binding on a court. The rule only applies to help a court determine theamountof the taxpayers allowable deduction, not theexistenceof the underlying expense. The court has traditionally applied the annual royalties or evidence of R&D costs as a factor in the estimate. 2022 The New York State Society of CPAs. However, unless the IRS is alleging tax fraud or criminal activities, most are rather low-key affairs where agents ask the taxpayer for additional information and make adjustments to your tax bill or tax refund. For example, the Cohan rule does not apply to items that are listed in, Section 274(d) of the Internal Revenue Code. Mr. Freeman is the founding member of Freeman Law, PLLC. Memo. CPAJ-Editors@nysscpa.org. In McFerrin, No. Memo. strictly comply with the Sec. [13] See Reese at 226 (5th Cir. which George M. Cohan, a great entertainer but a lousy The Cohan rule is based on a Second Circuit decision from 1930 in which George M. Cohan, a great entertainer but a lousy bookkeeper, claimed substantial travel and entertainment expenses but could not provide adequate records (Cohan, 39 F.2d 540 (2d Cir. 6 0 obj If you are self-employed, you should know that you are more likely to have your individual tax returns audited by the Internal Revenue Service than your friends and family members who earn traditional Form W-2 income as employees. Luckily for Cohan, his case Mr. Freeman also served multiple terms as the President of the North Texas chapter of the American Academy of Attorney-CPAs. if the IRS asserts a deficiency but other evidence clearly Random selection and computer screening. Fairly stringent statutory documentation requirements are also imposed on charitable contributions. When he included lots of expenses in his tax return, it was rejected. In this case, the Tax Court permitted annual deductions of approximately $12,000 based on the ratios found in the BizMiner report, an independent industry guideline (Bauer, TC Memo 2012-156). AdButler.ads.push({handler: function(opt){ AdButler.register(165519, 461032, [300,250], 'placement_461032_'+opt.place, opt); }, opt: { place: plc461032++, keywords: abkw, domain: 'servedbyadbutler.com', click:'CLICK_MACRO_PLACEHOLDER' }}); Cir. Indeed, it might be a rare taxpayer who, like the taxpayer inCohan, iswhollyunable to document the existence and the amount of a disputed item. IRC section 170 contains elaborate documentation requirements that vary based on the type and amount of property contributed, and failure to comply with them generally precludes any deduction for the contribution. requirements under Regs. This article provides an overview of approximation in tax matters and notes where it has been limited by statute, regulations, and court decisions. endobj hYms6/g:KZ4r?,L*IvD9,}vqfcLur,WKf#bB*Ia-,LFB38B ,&%pfp.agIiH.0>_8_\AhWpXL4L\]>i.gI8%qcF:?_ysBQz(^qpe1U,f{vd8-i^m9;?a{.NEs4+} 0LBb{O*644t|/M7U;j+>Y4$>OjfIR|]f$AyoRI0,&I2-FPeI5? %PDF-1.7 The case was remanded to the BTA to make the estimation, which it apparently did to the parties satisfaction. A corollary is that the IRS is under no obligation to estimateor accept a taxpayers estimateunderCohan. of the Cohan rule .13 Cohan, which originally developed via judicial case law, allows the fact finder to estimate deductible expenses where the fact of those expenses, although not their amount, can be substan-tiated .14 The Cohan rule, along with other settlement vehicles employed by Appeals, is an integral aspect }=t>5o7$K{8_9 $K*Y]=#utg,oP;- 4OI+"l!\L&5?'GClQ[VIuR7!5-[H5-33;2r 3OVeidg[}T7u]-cXAU:_(MTr&M,-{}&*6&wlU~mzVj at n12 (Indeed, if a claim had not been filed with the Commission, it is likely that we would find petitioners claim here far less believable.), [22] See Human Engg Inst. The Cohan rule has been used in other R&D tax credit cases to estimate QREs in the absence of documentation of the exact amount of expenses. Give Your Regards to the 'Cohan Rule' - AccountingWEB <> 21 IRC 183(a) provides the general rule that no deduction attributable to an activity engaged in by an individual or an S corporation shall be allowed if such activity is not engaged in for profit. [30] The core portion of the Cohan holding, however, remains, the possibility of substituting the Tax Courts estimation in place of a total disallowance for expenses not covered by Section 247(d). 516 0 obj <>/Filter/FlateDecode/ID[<366E99E139960F44AABA822A20864CEB><29C3CA6747824F4FB879507428CCB1C8>]/Index[491 45]/Info 490 0 R/Length 109/Prev 102639/Root 492 0 R/Size 536/Type/XRef/W[1 2 1]>>stream predated those rules, and the Second Circuit held that he mercy of the Service, but a reasonable interpretation of the Under certain circumstances, a court may waive this requirement and allow the use of a deduction estimate. (CCH) 1228 (T.C. For the 1999 tax year, McFerrins companies did not Searching old emails. 2021) (If a taxpayer alleges that her records were lost through no fault of hers, she must reasonably reconstruct the missing records through contacts with third parties and other reasonable means.); see also Harlan v. Commissioner, T.C. % (2d Cir. travel, entertainment, business gifts, and expenses with 2 0 obj $.' [16] See Kerr v. C. I. R., 59 T.C.M. Cohan rule as guidancewhen taxpayer records do not Sec. 1995-309, Sam Kong Fashions, Inc., T.C. Tax Section membership will help you stay up to date and make your practice more efficient. var AdButler = AdButler || {}; AdButler.ads = AdButler.ads || []; BRX>]8Pk0t2iMT!=HEm,]>eE&9cT:!#Eid{Zft&DP+nr'bj! )9w On audit, Cohan was unable to substantiate these expenses with documentary evidence, and the IRS disallowed the deductions in full. (CCH) 63 (T.C. (Harlan, T.C. The receiving organization must supply a receipt or written communication from the donee organization showing its name, plus the date and amount of the contribution [IRC section 170(f)(17)]. Treas. 08-20377 (5th Cir. We know every form you need and every deduction you can take to pay less this year. The Cohan rule is derived from the Second Circuits 1930 decision, Cohan v. Commissioner, which allowed the taxpayer to approximate travel and entertainment expenses in the absence of records indicating an exact amount. whether they want to or not. Most tax software isn't built for you. [16]. Third, the rule only applies to help a court determine theamountof the taxpayers allowable deduction, not theexistenceof the underlying expense. PDF Trade or Business Expenses Under IRC 162 and Related Sections 1981-176]. var absrc = 'https://servedbyadbutler.com/adserve/;ID=165519;size=300x250;setID=282686;type=js;sw='+screen.width+';sh='+screen.height+';spr='+window.devicePixelRatio+';kw='+abkw+';pid='+pid282686+';place='+(plc282686++)+';rnd='+rnd+';click=CLICK_MACRO_PLACEHOLDER'; The rule was adopted and laid down in the US by the Second Circuit in the case titled Cohan v. Commissioner, hence the name of the rule. var abkw = window.abkw || ''; Something went wrong while submitting the form. 1969). Appx. Finally, the taxpayer must provide some basis upon which the IRS or a court can estimate the amount of the item. When does an estimate of income or All rights reserved. 6/9/09), the taxpayer owned several S document.write('<'+'div id="placement_459481_'+plc459481+'">'); <> The Cohan rule, as it is known, is almost 70 years old, but it has withstood the test of time. 1930)). Memo. Memo. Estimates and the Cohan rule. - Free Online Library var plc459496 = window.plc459496 || 0; One might reasonably expect that Cohan is of decreasing importance in light of the ever-increasing use of debit and credit cards, digital currencies, and other forms of electronic payment, the use of which typically creates documentation of some sort. 1981-584;Olken v. Commr, T.C. [18] The taxpayer in question, however, was not at any point relieved of his burden of proof (substantiation) despite the fact that relevant corporate records were unavailable. Despite grossly inadequate records, Mr. Cohan was allowed a deduction based on close approximations provided to the court. [SeeBuelow v. Commr, 970 F.2d 412, 415 (7th Cir. Finally,Cohanis of no use to the taxpayer when recordkeeping requirements are statutorily or regulatorily imposed, such as in IRC Section 274 (establishing specific substantiation requirements with respect to a variety of expenses such as travel, meals, and gifts) and IRC section 170 (allowing a charitable contribution deduction). [1] Cohan v. Commissioner, 39 F.2d 540 (2d Cir. develop its own estimate. The case demonstrates the courts reluctance to use testimony as an exclusive corroboration to substantiate an expense under IRC section 274. Hooks TCM 1993-437; Kendrick TCM 2006-9 170(f)(17) added to code in Pension Protection Act of 2006 -no deduction allowed without a receipt, check or similar evidence Congress sets another limitation on Cohan Memo. Although the rule remains useful for tax preparers, it is limited, and its application varies by the taxpayer's circumstances. C.I.R., 35 T.C.M. [See, e.g., IRC Section 170(f)(8)(A): No deduction shall be allowed under [Code section 170] subsection (a) for any contribution of $250 or more unless the taxpayer substantiates the contribution by a contemporaneous written acknowledgment of the contribution by the donee organization that meets the requirements of subparagraph (B).] The taxpayer must establish a verifiable contribution, as outlined in the regulations [IRC section 170(a) (1)]. var rnd = window.rnd || Math.floor(Math.random()*10e6); These are in-person interviews in the IRS office. [8] Likewise, courts have held that a deduction should be disallowed entirely if substantiation for each expenditure is lacking. claim an R&D tax credit but later filed amended returns [Last updated in January of 2022 by the Wex Definitions Team], It must be noted that the Cohan rule does not have a universal applicability. %PDF-1.6 % (CCH) 933 (T.C. With that case, The Cohan Rule was established. The Second Circuit in the Cohan case held that "Absolute certainty in such matters is usually impossible and is not necessary; the Board should make as close an approximation as it can, bearing heavily if it chooses upon the taxpayer whose inexactitude is of his own making.". During the productions of his plays, he traveled extensively and often entertained actors, employees and dramatic . improperly using estimates, including the penalties under Sec. 1930), Armando Sandoval Lua v. CommissionerTC Memo 2011-19. Keeper is. Memo. For instance, 1930), held that where the evidence indicated a taxpayer incurred deductible travel or entertainment expenses but the exact amount could not be determined, the court should make a close approximation and not In his court case, Cohan claimed he was too busy to keep organized records to document the business travel and entertainment expenses he claimed on his federal tax return. New York, NY 10005 R&D Tax Credit Update: Recent Court Decisions Shed Light on Key Issues For further information [34] 26 C.F.R. 6695 (miscellaneous preparer penalties), Sec. During filing season, tax preparers will inevitably confront the question of how to report items for which a taxpayer lacks sufficient (or even any) documentation. Cohan appealed the IRS . Oct. 9, 1997), affd sub nom. Takes 30 sec after linking bank or credit card. Click the button below if you want to translate the rest of the document. The translations are automatically generated "AS IS" and "AS AVAILABLE" and are not retained in our systems. rule is based on a Second Circuit decision from 1930 in To be entitled to a deduction, a taxpayer must find a rule that allows the deduction and establish that he has satisfied all the rules requirements. However, relying on the Cohan rule is anything but certain. Second, it is not a license for taxpayers to simply guess or make up expenses (and therefore deductions), nor does it excuse sloppy recordkeeping. During a correspondence audit, the IRS will send a letter to the taxpayer seeking additional information. For example, the Cohan rule does not apply to items that are listed in Section 274(d) of the Internal Revenue Code.