- 3 - 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 toPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011