- 12 - incurred a deductible expense, but the taxpayer is unable to adequately substantiate the amount of the deduction to which he or she is otherwise entitled, the Court may estimate the amount of such expense and allow the deduction to that extent. Cohan v. Commissioner, supra. In order for us to estimate the amount of an expense, however, we must have some basis upon which an estimate may be made. Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). Without such basis, any allowance would amount to unguided largesse. Williams v. United States, 245 F.2d 559, 560 (5th Cir. 1957). Due to the total absence of documentation and inconsistent testimony, we are without a reasonable basis to estimate the amount of compensation payments petitioners made to their sons. Thus, we decline to apply the Cohan rule. Consequently, petitioners have failed to satisfy their burden of establishing their right to this deduction. Accordingly, respondent's determination regarding this issue is sustained. Issue 2. Schedule C Equipment Rental Expense Deduction Petitioners contend that, pursuant to section 162(a)(3), they are entitled to deduct $7,200 as a business expense on their income tax return for taxable year 1988. Petitioners attribute this expense to lease payments paid for the use of six sewing machines, all of which were used in the ordinary course of their sewing business. Respondent argues that petitioners' inability to substantiate the rental expense precludes allowance of thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011