J. David Golub - Page 27




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          reason to be skeptical about the accuracy of the claimed                     
          deductions.  For example, in 1991, the largest item deducted was             
          a round figure of $10,000 as “other expenses” for “Telephone,                
          Litigation-Reputation, Professional Dues, Library-Law                        
          Publications”.  For 1992, petitioner claimed, as “other                      
          expenses”, $15,000 for “Telephone, Litigation Reputation,                    
          Professional Dues, Law Library, Software--Computer Publications”.            
          The size of these amounts when compared to the purposes for which            
          they were allegedly spent causes us to doubt their accuracy.                 
          Having reviewed petitioner’s pleadings in this and other cases,              
          we cannot accept the assertion that he expended these amounts of             
          money for the purposes set forth.                                            
               In any event, it was his obligation to demonstrate the facts            
          establishing the amount and nature of deductible expenses, and he            
          has failed to do so.  While it is within the purview of this                 
          Court to estimate the amount of allowable deductions where there             
          is evidence that deductible expenses were incurred, see Cohan v.             
          Commissioner, 39 F.2d 540 (2d Cir. 1930), we must have some basis            
          on which an estimate may be made, see Williams v. United States,             
          245 F.2d 559, 560 (5th Cir. 1957).  Because the record contains              
          no evidence upon which we might base such an estimate, we find               
          that petitioner has failed to prove that he is entitled to claim             
          any deductions under section 162(a).  See Vanicek v.                         
          Commissioner, 85 T.C. 731, 743 (1985).                                       





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