- 11 - Typically, the daily planner entry includes a dollar amount allegedly representing the cost of renting the room in which the seminar was held. Petitioners have furnished no evidence that any of those alleged rental costs were in fact incurred: No canceled checks, no receipts, no inclusion in the NationsBank VISA card summary. We find that, having offered no evidence of actual payment, petitioners have failed to sustain their burden of establishing that they are entitled to a rental expense deduction. See Hyde v. Commissioner, T.C. Memo. 1992-419 ("This Court is not bound to accept the unverified, undocumented testimony of petitioner”), affd. without published opinion 9 F.3d 112 (7th Cir. 1993). By not offering independent evidence that the seminars even took place (e.g., brochures, attendance lists, or the testimony of one or more attendees), petitioners have failed even to furnish a basis for the Court to estimate, under the authority of Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), the amount allowable as rental expense. As we stated in Hyde v. Commissioner, supra: However, in order to make an estimation, ‘there [must] be sufficient evidence to satisfy the trier that at least the amount allowed in the estimate was in fact spent or incurred for the stated purpose’. Williams v. United States, 245 F.2d 559, 560 (5th Cir. 1957). Until the trier has that assurance from the record, relief to the taxpayer would be “unguided largesse”. Id. Petitioners have failed to establish that they are entitled to any deduction for rental expense.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011