Benjamin H. Smith - Page 7

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               Petitioner also testified that he is a member of the State             
          of Connecticut Bar.  He further testified that he attended                  
          Continuing Legal Education seminars, Connecticut Bar Association            
          seminars, and subscribed to the Connecticut Bar Journal.                    
          However, petitioner failed to submit any corroborative evidence             
          regarding his dues or the costs of attending those seminars.                
          Again, petitioner offered no testimony that he even attempted to            
          reconstruct or obtain any receipts from those organizations.                
               Petitioner raises Cohan v. Commissioner, 39 F.2d 540 (2d               
          Cir. 1930).  Petitioner argues that he is entitled to his claimed           
          expenses despite the absence of any certainty as to the exact               
          amount of those expenses.  We conclude that the so-called Cohan             
          rule has no application where, as here, the record lacks any                
          basis for estimation.  Vanicek v. Commissioner, 85 T.C. 731,                
          742-743 (1985).                                                             
               Given the lack of any substantiating evidence, we cannot               
          sustain any of petitioner's claimed expenses.  Accordingly, we              
          conclude that petitioner has not met his burden of proof for                
          either year at issue.  Respondent, therefore, is sustained.  We             
          need not decide respondent's alternative argument.                          
               We must next decide whether petitioner is entitled to                  
          additional itemized deductions.  In the notice of deficiency,               
          respondent reduced petitioner's income by $8,556 and $8,242 for             






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