- 10 - Evidently realizing that they have serious evidentiary problems regarding their position on the deductions that they are claiming with respect to the ten parcels, petitioners assert: "It is unreasonable to expect to manage and maintain 10 proper- ties for 12 months * * * without incurring any expenses. Reason- able expenses should be allowed." In support of that position, petitioners cite Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930). On the record before us, we disagree with petitioners' position that "Reasonable expenses should be allowed" in the present case. The so-called Cohan rule permits us to estimate and allow expenses that have not been adequately substantiated only if we are convinced from the record that such expenses were incurred by the taxpayer and that they otherwise satisfy the requirements of the Code as to their deductibility, and we have a basis on which to make an estimate of such expenses. The circum- stances under which the so-called Cohan rule is to be applied are not present in the instant case. Based on our examination of the entire record in this case, we find that petitioners have failed to establish that they are entitled (1) under either section 162 or section 212 to the expense deductions4 or (2) under section 167 to the depreciation deductions that they are claiming for 1994 with respect to the ten parcels in question. 4 We need not decide whether the claimed expense deductions are subject to sec. 162 or sec. 212 because petitioners have failed to show that they have met the requirements of either section.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011