- 21 - unreported income determined by respondent. Cf. Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930)(court may estimate the amount of deductible expenditures if convinced such expenditures were made); Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985) (court must have some basis on which to make an estimate under the Cohan rule). Petitioners’ argument fails, among other reasons, for lack of substantiation. There is one respect in which respondent’s reconstruction of petitioners’ income from Banner is not reasonable, however. The Reconciliation Sheets consistently list a gross receipts amount for each day (which corresponds to the cash total for that day on the Meter Readings Sheet), from which is subtracted (i) a bank deposit amount and (ii) an amount, generally once or twice a week, labeled “part”, “part time”, or “part/full workers” to produce a net figure generally labeled “net” or “net income” or “net cash”. Petitioners contend that the amounts in the “part time” columns represent the payment of cash to workers at the arcade, which should give rise to a deduction. That workers were sometimes paid in cash and sometimes by check is corroborated by 7(...continued) previous ownership with the deductions claimed by Banner during the years in issue provides support for their contention that Banner understated deductions during the years in issue because they were paid in cash. We reject this argument. As far as the record reveals, the return filed by the previous owner was never audited, and return positions are not evidence.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011