Ron L. and Gayle R. Stevenson - Page 7




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               Petitioners claimed Schedule C business expenses of $21,578,           
          including expenses for advertising, utilities, and insurance                
          expenses.  Section 162 provides for deduction of all ordinary and           
          necessary expenses paid or incurred during the taxable year in              
          carrying on a trade or business.  Petitioners presented no                  
          evidence, documentary or otherwise, to substantiate these                   
          expenses, and we sustain respondent's determination on this                 
          issue.3                                                                     
               As to self-employment tax, petitioner was a self-employed              
          real estate broker during 1992, and reported the income and                 
          expenses of his business on Schedule C.  Petitioner presented no            
          evidence on this issue.  We hold petitioner's income from self-             
          employment is subject to self-employment tax, see secs. 1401 and            
          1402, and we sustain respondent's determination on this issue.              
               Respondent determined that petitioners are liable for the              
          addition to tax under section 6651(a)(1).  That section reads in            
          pertinent part:                                                             



               3While petitioners do not argue application of the rule                
          articulated in Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930),           
          affg. in part and revg. in part 11 B.T.A. 743 (1928), we note it            
          does not apply to this case.  In Cohan, the court allowed the               
          taxpayer to make a reasonable approximation of deductions through           
          the use of detailed evidence of the amount of his expenditures,             
          even though the taxpayer could not establish the exact amounts.             
          See id. at 544.  Petitioners presented no testimony to which we             
          could apply the Cohan rule.                                                 





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