- 14 - issue, and the fact that FGI and TTI issued corporate checks to pay for the muscle cars prior to 1989, we are inclined to believe that Mr. Garrett's wholly owned companies, FGI and TTI, were the source of funds for the acquisition and renovation of the muscle cars sold in 1989.5 We find that petitioners do not satisfy their burden of proving that they paid for the muscle car collection. We, therefore, sustain respondent's determination that petitioners are not entitled to any basis in the automobiles sold in 1989.6 Issue Two: Disallowed Corporate Deductions 5The pattern of improper deductions taken by the corporations during the years in issue suggests that similar deductions were taken in prior years. Any deductions taken by Mr. Garrett's S corporations would have reduced the profits reflected and, thus, reduced the taxable income of petitioners. If this is what occurred, petitioners would receive a double tax benefit if they were now allowed a basis with respect to previously deducted amounts. See Hughes & Luce, L.L.P. v. Commissioner, T.C. Memo 1994-559, affd. on other grounds 70 F.3d 16 (5th Cir. 1995). 6Petitioners urge us to apply Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), affg. in part and remanding in part 11 B.T.A. 743 (1928). Under the so-called Cohan rule, where the taxpayer is unable to substantiate expenses through adequate records or other proof, we may estimate the deductible amount, if some deductible amount is suggested by other evidence, bearing heavily, if we choose, upon the taxpayer whose inexactitude is of his own making. Id. at 543-544. However, in order for us to estimate the amount of an expense, we must have some basis upon which an estimate may be made. Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985). There must be sufficient evidence assuring this Court that some amount was in fact spent or incurred by the taxpayer for the stated purpose. Without such confirmation, "relief to the taxpayer would be unguided largesse." Williams v. United States, 245 F.2d 559, 560 (5th Cir. 1957).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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