- 19 - underlying documentation. Petitioner concedes that it had unreported service income, but denies that its failure to report it was negligent. When a taxpayer contests the Commissioner's determination, the burden of proof is ordinarily on the taxpayer to show that the Commissioner's determination is in error. Rule 142(a). The taxpayer's burden of proof includes the burden of substantiation. Nevertheless, where the taxpayer is unable to substantiate expenses through adequate records or other proof, the Court may estimate the deductible amount, if some deductible amount is suggested by other evidence, under the so-called Cohan rule, bearing heavily, if the Court chooses, upon the taxpayer whose inexactitude is of its own making. Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930). The Cohan rule does not apply to travel, entertainment, gifts, and listed property. Sec. 274(d). Petitioner's net operating loss deductions for 1989 and 1990, for present purposes, consist of four parts: (1) NII's depreciation deductions, (2) NII's interest deductions, (3) NII's other deductions, and (4) losses incurred by NII's subsidiaries. Our determination of petitioner's unadjusted basis in the Burke Property will determine not only the depreciation deductions for the net operating losses in prior years, but will also establish petitioner's entitlement to these deductions in the current years. Furthermore, our resolution of the deductibility of thePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011