Lawrence K. and Ruth L. Harrell - Page 8

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              When a taxpayer establishes that he/she has incurred                    
         deductible expenses but is unable to establish the exact amounts,            
         we can estimate the deductible amounts, but only if the taxpayer             
         presents sufficient evidence to establish a rational basis for               
         making the estimates.  See Cohan v. Commissioner, 39 F.2d 540,               
         543-544 (2d Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 742-           
         743 (1985).  In estimating the amount allowable, we bear heavily             
         on the taxpayer whose inexactitude in substantiating the amount of           
         the expense is of his own making.  See Cohan v. Commissioner,                
         supra at 544.  However, without a rational basis for making the              
         estimate, any allowance we made would amount to unguided largesse.           
         Williams v. United States, 245 F.2d 559, 560-561 (5th Cir. 1957).            
              Respondent concedes that petitioners made noncash                       
         contributions during 2002 but maintains that the value of those              
         contributions did not exceed $1,600.  Considering the record                 
         before us, we do not doubt that petitioners made noncash                     
         charitable contributions during 2002.  However, they failed to               
         provide reliable evidence to prove that the amount thereof                   
         exceeded the $1,600 respondent conceded.  We therefore hold that             
         for 2002 petitioners are entitled to a $2,550 charitable                     
         contribution deduction (rather than the claimed $10,953                      
         deduction), comprising $950 for cash contributions and $1,600 for            
         noncash contributions.                                                       







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