In Touch Properties, LLC, David England, Tax Matters Partner - Page 15




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          Commissioner, T.C. Memo. 2001-301; Joseph v. Commissioner, T.C.             
          Memo. 1997-447.  If the taxpayer claims a deduction but cannot              
          fully substantiate it, we may estimate the allowable amount if              
          there is sufficient evidence in the record to provide a basis for           
          the estimate.  Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d              
          Cir. 1930); see also Vanicek v. Commissioner, 85 T.C. 731, 742-             
          743 (1985).                                                                 
               Petitioner failed to substantiate the business expenses and            
          startup expenditures disallowed by respondent.  At trial,                   
          petitioner introduced only a brief summary of expenses and two              
          promissory notes purportedly issued as payment for professional             
          services.  None of those documents established the dates,                   
          description, or business purpose of the expenses.  The evidence             
          offered was completely inadequate to substantiate petitioner’s              
          claimed expenses as required by section 6001 and related                    
          regulations.                                                                
               The complete absence of credible evidence in the record also           
          precludes us from estimating petitioner’s expenses under Cohan.             
          Petitioner did not offer testimony or documents to describe the             
          nature and amount of the startup expenditures and business                  
          expenses that In Touch allegedly incurred during 2000, nor did              
          petitioner offer the Court any credible explanation for In                  







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