Jordon Jay Fingar - Page 8

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          133 (10th Cir. 1958), affg. 27 T.C. 413 (1956); Cohan v.                    
          Commissioner, 39 F.2d 540 (2d Cir. 1930).  The estimate, however,           
          must have some reasonable evidentiary basis.  Vanicek v.                    
          Commissioner, 85 T.C. 731, 743 (1985).                                      
               A.  Taxes                                                              
               Respondent determined that petitioner is entitled to deduct            
          taxes of $5,091 and $422 for 1979 and 1980, respectively.                   
          Petitioner deducted taxes of $17,000 for 1979 and $17,300 for               
          1980.5                                                                      
               Section 164(a) generally permits taxpayers to deduct State             
          and local income taxes, general sales taxes, and taxes on the               
          sale of gasoline paid or accrued within the taxable year.  Sec.             
          1.164-1(a), Income Tax Regs.                                                
               Petitioner estimated his deduction for general sales tax, on           
          the basis of a sales tax of 6 percent multiplied by the various             
          purchases he made for the boat, the car, and other miscellaneous            
          expenditures he incurred during the taxable years in issue.                 
          Petitioner's explanation, although logical, is implausible.  He             
          deducted $10,000 in general sales tax for each year.  Assuming a            
          sales tax of 6 percent, petitioner would have had to purchase               
          $166,666 worth of items subject to sales tax in 1979 and 1980 to            
          have incurred $10,000 in general sales tax for each of those                

          5    The $17,000 in taxes that petitioner deducted in 1979                  
          includes $6,000 for State and local income taxes, $1,000 for                
          State and local gasoline tax, and $10,000 for general sales tax.            
               The $17,300 in taxes that petitioner deducted in 1980                  
          includes $6,000 for State and local income taxes, $1,300 for                
          personal property tax, and $10,000 for general sales tax.                   



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