- 30 - what his basis in the assets was at the time of contribution.16 After considering all of the evidence, we conclude that petitioner's basis in GAPS was $1,000. On the JJM Schedule L, $1,000 is shown as petitioner’s original capital contribution. Petitioners also claim that petitioner transferred the proceeds of a bank account, totaling $20,000, to JJM. We do believe that this account was transferred. Unlike the GAPS accounts, there is no indication that this account was a flow-through account. Therefore, petitioner’s basis in JJM was increased by the bank account contributed. Petitioner also claims to have transferred $37,000 in furniture and equipment. Although we believe that petitioner contributed this property to JJM, petitioners have not proven what petitioner's basis in the assets was at the time of contribution. There is insufficient evidence to justify increasing petitioner's basis by any amount on account of this transfer.17 16We note that petitioners could have argued that the Cohan rule may be used to estimate petitioner's basis in the furniture and equipment at the time of transfer. Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930). However, even if petitioners had raised this argument, they would have had to provide some reasonable evidentiary basis for estimating petitioner's basis under Cohan. Polyak v. Commissioner, 94 T.C. 337, 345-346 (1990); Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). Petitioners failed to do so. 17See supra note 16.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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