- 29 - business, and its failure to substantiate that it had paid or incurred any expenses. In their respective petitions, neither the J. Shirleys nor Alexion Trust has averred any facts supporting a claim to the deductions in question. The only expense of which we have any knowledge is Alexion Trust’s claim of a rental expense of $42,000 paid to Caralan Trust for property used by the J. Shirleys as their personal residence. We fail to understand the basis of that deduction to Alexion Trust. Indeed, the J. Shirleys have shown us so little about the consulting activities performed by the J. Shirleys that we are unable to conclude that, in performing those activities, they incurred any deductible expenses. While it is within the purview of this Court to estimate the amount of allowable deductions where there is evidence that deductible expenses were incurred, Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), we must have some basis on which an estimate may be made, Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985); see also Norgaard v. Commissioner, 939 F.2d 874, 879 (9th Cir. 1991). Because the record contains no evidence upon which we could base such an estimate, we conclude that the J. Shirleys have failed to prove that they are entitled to claim any deductions under section 162(a) or any other section.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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