- 17 - payments for: (1) Wages of temporary employees, (2) meals provided to Hamalee's employees on its premises, and (3) fuel and tolls. Petitioners generally rely on the testimony of Ms. Chong to support their allegations of these unreported expenditures and the amounts thereof. Hamalee has no records to support these purported expenditures, and petitioners ask the Court to estimate the expenditures' dollar amounts. We decline petitioners' invitation to estimate the amount of Hamalee's claimed expenditures. Although petitioners are correct in that we may estimate the amount of unsubstantiated expenses when we have a basis to do so, Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), we do not have a sufficient basis to make an estimate here. See Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985). In fact, the record does not even persuade us that Hamalee incurred the claimed expenditures, or, if it had, that these expenditures were ordinary and necessary business expenses under section 162. Whereas petitioners would have us find, based solely on the testimony of Ms. Chong, that Hamalee incurred the purported expenditures in the amounts that she so claimed, we refuse to do so. Ms. Chong's testimony on this issue is unsupported by the record, and we find it to be somewhat incredible. We will not rely on it. LaBow v. Commissioner,Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011