Tax Court Revisits 'Cohan Rule' for Estimating Business Expense Deductions in New Case
The article discusses the Tax Court's review of the "Cohan rule" in a new business expense case (Branch, TC Memo 2026-51). The Cohan rule, originating from a case involving vaudeville performer George M. Cohan, allows business owners to reasonably estimate deductible expenses when it's clear expenses were incurred but records are lacking. The article notes that this principle often leads to mixed outcomes in court, and emphasizes that keeping accurate records remains the best practice for substantiating deductions.
Key quotes
Usually, the IRS requires detailed records to substantiate deductions, but there are exceptions.
Notably, a business owner may rely on the 'Cohan rule' to reasonably estimate deductible expenses if it's clear that expenses were actually incurred.
However, as shown in a new case, Branch, TC Memo 2026-51, 6/17/26, this tax law principle often leads to mixed reviews.
There's no substitute for keeping accurate records that can prove the existence and amount of deductible expenses.
From the article
There’s no substitute for keeping accurate records that can prove the existence and amount of deductible expenses.
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