Morton Zuckerman - Page 17

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          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 of                 





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