- 7 - business expenses on her 1992 return in the total amount of $6,392. In the statutory notice of deficiency, respondent disallowed $6,172 of the claimed expenses. Section 162(a) allows a deduction for the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. In the event that a taxpayer establishes that she has paid a deductible expense, but is unable to substantiate the precise amount of the expense, we may estimate the amount of the deductible expense. Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). In order to make such an estimate, the taxpayer must present evidence sufficient to provide some rational basis upon which an estimate may be made. Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). Based on the record, we find that petitioner has failed to substantiate the business expense deductions claimed on her 1992 return in connection with her promotion activities. Further, she has not provided the Court with any evidence that would allow us to make an estimate of her deductible business expenses under the Cohan rule. Therefore, we hold that she is not entitled to business expense deductions for 1992 in excess of the amount allowed by respondent. The fifth issue for decision is whether petitioner is liable for self-employment tax for 1992. After accounting for her allowed deductions, petitioner realized net income in the amountPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011