- 17 - failed to produce documents and provide answers to interrogatories to explain why he reported less interest and dividends for 1986 and 1987 than the amounts shown on the Forms 1099 issued by his payers, or to support his claim to deductions in excess of the amounts allowed by respondent on audit. By order of this Court, he was accordingly denied the opportunity to present any such evidence at trial. Where it is clear from the record that deductible expenses were incurred, but the taxpayer cannot prove the exact amount thereof, under some circumstances the Court may estimate. Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir. 1930). The so-called Cohan rule has no application, however, where, as here, the record lacks any basis for estimation. Williams v. United States, 245 F.2d 559, 560-561 (5th Cir. 1957); Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985). Respondent's determinations are therefore sustained. Additions Section 6651(a)(1) imposes an addition to tax for failure to file a timely return, unless it is shown that the failure was due to reasonable cause and not to willful neglect. The addition to tax is calculated as a percentage of the amount of tax required to be shown on the return, reduced by any part of this tax liability that was paid within the prescribed time period. Sec. 6651(b). Petitioner filed his return for 1986 3 years late. The Form 1040 he filed for 1987 was not signed under penalty ofPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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