- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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