John Awadallah and Susan Malaty - Page 7




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               When a taxpayer establishes that he has incurred a                     
          deductible expense but is unable to substantiate the exact                  
          amount, we are, in some circumstances, permitted to estimate the            
          deductible amount.  See Cohan v. Commissioner, 39 F.2d 540, 543-            
          544 (2d Cir. 1930).  We can estimate the amount of the deductible           
          expense only when the taxpayer provides evidence sufficient to              
          establish a rational basis upon which the estimate can be made.             
          See Vanicek v. Commissioner, 85 T.C. 731, 743 (1985).                       
               Petitioner did not keep books and records for his tutoring             
          activity.  Other than receipts for the repairs and maintenance of           
          the apartment, the only documentary evidence produced by                    
          petitioner were his and his parents’ Federal income tax returns             
          for 1995 and 1996.  Mr. Antonious testified that we should rely             
          on the unsigned returns of petitioner’s parents as credible                 
          evidence of payment.  We are not required to rely on petitioner’s           
          and Mr. Antonious’ self-serving testimony and documents.  See               
          Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).  A taxpayer’s              
          income tax return is a self-serving declaration that may not be             
          accepted as proof for the deduction or exclusion claimed by a               
          taxpayer.  See Seaboard Commercial Corp. v. Commissioner, 28 T.C.           
          1034, 1051 (1957); Halle v. Commissioner, 7 T.C. 245 (1946),                
          affd. 175 F.2d 500 (2d Cir. 1949).  Therefore, petitioner failed            
          to substantiate the rent, supplies, and legal and secretarial               
          expenses.  Even if petitioner paid his parents, the payments do             






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