- 5 - At trial, petitioner presented no documentary evidence to support his claim for deductions in excess of the amounts allowed by respondent. Petitioner argued he had records to substantiate amounts that would exceed those allowed by respondent; however, his records were "scattered" in several places, and, with sufficient time, he could produce such records that would establish his entitlement to additional deductions. The Court notes that trial of this case was continued once because of petitioner's incarceration; however, he had been released from incarceration approximately 3 months prior to trial of this case. The Court is not convinced that petitioner did not have sufficient time to prepare his case. Moreover, as noted earlier, petitioner's wife presented their business records to respondent in the audit process, and, based on the documentation she presented, respondent allowed the expenses shown above. There are circumstances, however, where the Court is allowed to estimate the amount of an allowable deduction under what has been referred to as the Cohan rule. Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930). To apply that rule, the Court must find that the taxpayer is entitled to a deduction but is unable to establish the amount of the deduction. On this record, petitioner failed to present any evidence that would satisfy the Court that the expenses he incurred were in excess of the amounts allowed by respondent. Moreover, travel, meals, andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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