- 3 - In the statutory notice of deficiency, respondent disallowed in full the cost of goods sold and the business expense deductions because petitioner did not establish that each was “paid or incurred during the taxable year and that the expense was ordinary and necessary” to his business.1 Expenses which are ordinary and necessary in carrying on a trade or business generally may be deducted in the year in which they are paid. Sec. 162(a). The cost of goods sold is subtracted from gross receipts in determining a taxpayer’s gross income. Sullenger v. Commissioner, 11 T.C. 1076 (1948). A taxpayer generally must keep records sufficient to establish the amounts of the items reported on his Federal income tax return. See sec. 6001; sec. 1.6001-1(a), (e), Income Tax Regs. However, in the event that a taxpayer establishes that a deductible expense has been paid but is unable to substantiate the precise amount, we generally may estimate the amount of the deductible expense bearing heavily against the taxpayer whose inexactitude in substantiating the amount of the expense is of his own making. See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). We cannot estimate a deductible expense, however, unless the taxpayer presents evidence sufficient to 1The other adjustments made in the notice of deficiency were to the itemized deductions; these adjustments are computational and will be resolved by the Court’s holding on the issue in this case.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011