Caralan Trust, et al. - Page 29




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          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.                                                              










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