- 20 - expenses subject to section 274, if a claimed business expense is deductible, but the taxpayer is unable to substantiate it adequately, the Court is permitted to make as close an approximation as possible, bearing heavily on the taxpayer whose inexactitude is of his own making. See Cohan v. Commissioner, 39 F.2d 540, 543 (2d Cir. 1930). The estimate, however, must have a credible evidentiary basis. See Norgaard v. Commissioner, supra at 879; Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). The record in this case provides no credible evidentiary basis to support petitioners' claimed deductions in excess of the $15,535 allowed by respondent. Although petitioners introduced into evidence copies of numerous checks and receipts, these documents cannot be readily correlated to the deductions petitioners claimed on their Schedule C for tax year 1994. For example, the documents purport to establish, among other things, that during 1994 Transnet paid $18,150 to Richard Hartman and $3,500 to Son Dang as compensation for computer programming services. Petitioners’ Schedule C for tax year 1994, however, reports no deduction for wages paid, nor did Transnet issue Forms 1099 to Son Dang or Richard Hartman in 1994.13 13 The evidence with regard to Richard Hartman is particularly inscrutable. The documents introduced by petitioners include invoices issued by Advanced Consulting Experts to Intel, listing Richard Hartman as contractor, and bearing notations that expense reimbursements are to be made directly to Hartman. Nowhere on these invoices is there any mention of Transnet or petitioners. The copies of the checks to Hartman that petitioners have introduced into evidence do not show that they have been canceled by the bank and appear to have (continued...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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