Richard Soo Kim and Donna Kim - Page 3

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          substantiating the amount of the item claimed.  Hradesky v.                 
          Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d              
          821 (5th Cir. 1976); sec. 1.6001-1(a), Income Tax Regs.                     
          At trial, petitioners failed to provide any evidence to                     
          substantiate the amount of the claimed bad debt deduction.                  
          Petitioners did not provide any invoices or other documentation             
          showing the reduction in invoice payments.  No evidence on the              
          value of the "stolen" garments was presented.  While it is within           
          the purview of this Court to estimate the amount of allowable               
          deductions where there is evidence that deductible expenses were            
          incurred, Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), we             
          must have some basis on which an estimate may be made. Williams             
          v. United States, 245 F.2d 559 (5th Cir. 1957).  The record                 
          before us contains no evidence upon which we can base such an               
          estimate.  Moreover, the record does not establish the manner in            
          which petitioners' gross receipts were determined and whether the           
          reported amounts included or excluded the reductions in issue.              
          Section 1.166-1(e) provides:                                                
          (e) Prior inclusion in income required.  Worthless debts                    
          arising from * * * items of taxable income shall not be allowed             
          as a deduction under section 166 unless the income such items               
          represent has been included in the return of income for the year            
          for which the deduction as a bad debt is claimed or for a prior             
          taxable year.                                                               
          Petitioners' return was prepared on the cash method, and                    
          presumably they reported only amounts actually received. Thus, we           
          have no assurance that the reductions taken on the invoices to              





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