Roger L. and Geraldine Williams - Page 13

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          or she is otherwise entitled, the Court may estimate the amount             
          of such expense and allow the deduction to that extent.  Cohan v.           
          Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930).  In making               
          such an estimate, however, the Court may bear heavily against the           
          taxpayer, whose inexactitude is of his or her own making.  Id.              
               Petitioners claim that in 1993 Mr. Hughes provided                     
          petitioner with a business proposal that petitioner used to                 
          obtain the Port lease.  Petitioners also claim that Mr. Hughes              
          provided them with various accounting and certification services.           
          In return for these services, petitioners claim that they paid              
          Mr. Hughes $1,300 in cash.                                                  
               At trial, petitioners were unable to recall when they paid             
          Mr. Hughes or whether they paid him in installments.  Moreover,             
          petitioners introduced no copy of any invoice(s) from Mr. Hughes            
          for the services that he performed in 1993.  Petitioners                    
          testified that they had "a fire in our home in the last 2 or 3              
          years that did a substantial amount of damage in our basement, so           
          some of the stuff got lost."4                                               
               Mr. Hughes appeared at trial and corroborated petitioners'             
          testimony.  However, Mr. Hughes was unable to produce any records           
          detailing the services that he provided.  Mr. Hughes testified              



          4  Petitioners did not present any evidence, such as an                     
          insurance claim or a fire department report, to substantiate this           
          allegation.                                                                 




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