-18- Moreover, the checks that petitioners introduced at trial were dated in February and March, well before the Port lease was executed. We are not convinced that petitioners would have incurred expenses of $2,285 before entering into the Port lease. In addition, the record demonstrates that petitioners wrote checks for business expenses unrelated to the deduction for "Repairs and Maintenance", particularly when they wanted to have a record of what they had paid. That being the case, petitioners did not adequately explain why they dealt exclusively in cash regarding the deduction in issue, especially in view of its magnitude. Finally, the Port lease is silent regarding the aesthetic "requirements" for a shoeshine stand or the Port's "right" to impose its aesthetic sensibilities on petitioners. In any event, petitioners failed to call any representative of the Port to testify regarding the need for the construction of a new shoeshine stand or the repair of any existing stand. In view of the foregoing, we hold that petitioners failed to carry their burden of proof. While under other circumstances we might be inclined to estimate a reasonable allowance, see Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), here, however, there is no basis upon which an estimate may be made, see Vanicek v. Commissioner, 85 T.C. 731, 743 (1985), any allowance would amount to unguided largess, see Williams v. United States, 245 F.2d 559,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011