Steven M. and Karen Arhontes - Page 6




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          cost of goods sold must be substantiated, and taxpayers are                 
          required to maintain records sufficient for this purpose.  Sec.             
          6001; Newman v. Commissioner, T.C. Memo. 2000-345; Wright v.                
          Commissioner, T.C. Memo. 1993-27; sec. 1.6001-1(a), Income Tax              
          Regs.                                                                       
               Taxpayers generally bear the burden of proving entitlement             
          to costs and deductions claimed.  Bennett Paper Corp. & Subs. v.            
          Commissioner, 699 F.2d 450, 453 (8th Cir. 1983), affg. 78 T.C.              
          458 (1982).4  However, this Court may estimate costs and                    
          allowable deductions under certain circumstances where a taxpayer           
          establishes entitlement to an allowable cost or deduction but               
          does not establish the amount of the cost or deduction.  Cohan v.           
          Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930).  Any such                
          estimate, however, must have a reasonable evidentiary basis.                
          Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985).  Without              



               4    The Internal Revenue Service Restructuring & Reform Act           
          of 1998, Pub. L. 105-206, sec. 3001, 112 Stat. 726, added                   
          sec. 7491, which, under certain circumstances, places the burden            
          of production on the Secretary with respect to a taxpayer’s                 
          liability for taxes, penalties, and additions to tax in court               
          proceedings arising in connection with examinations commencing              
          after July 22, 1998.  The record is unclear as to whether the               
          examination of petitioners' return commenced before or after July           
          22, 1998.  Nevertheless, the burden of proof with respect to the            
          items of deficiency did not shift to respondent, because                    
          petitioners did not provide substantiation and credible evidence            
          in connection therewith.  Higbee v. Commissioner, 116 T.C. 438              
          (2001).  Moreover, respondent has satisfied the burden of                   
          production with respect to the accuracy-related penalty under               
          sec. 6662(a).                                                               





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