- 4 - amounts claimed as deductions, credits, etc., by maintaining the records needed to establish such entitlement. Sec. 6001; sec. 1.6001-1(a), Income Tax Regs. Petitioner has failed to meet his burden of proof. Rule 142(a). His testimony in response to the question of how he calculated the deductions claimed on his return was vague and incoherent. He stated at one point that he relied upon "a lot of credit card statements" in preparing his return. However, since hurricane Andrew hit Florida in August 1992, the records that he purportedly relied upon could not have been destroyed by the hurricane because his return was not prepared until March 1993. Nonetheless, such records were not presented at trial. Moreover, even if we were to accept petitioner's representation that he maintained records that were destroyed by hurricane Andrew, he has failed to cooperate with respondent or obtain any copies of receipts, checks, or credit card statements to substantiate his claimed itemized deductions, despite the Court's order to do so at the time we granted the continuance of his case on October 8, 1996. In the event that a taxpayer establishes that he 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 basisPage: Previous 1 2 3 4 5 6 7 Next
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