Martin and Suzanne Higbee - Page 11




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          making.  Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir.               
          1930).  The estimate, however, must have a reasonable evidentiary           
          basis.  Vanicek v. Commissioner, 85 T.C. 731, 743 (1985).  For              
          certain expenses, section 274 supersedes the Cohan doctrine.  See           
          sec. 1.274-5T(a), Temporary Income Tax Regs., 50 Fed. Reg. 46014            
          (Nov. 6, 1985).  It requires, for example, strict substantiation            
          of expenses with respect to any listed property as defined in               
          section 280F(d)(4).  Sec. 274(d).  Listed property includes any             
          passenger automobile or any other property used as a means of               
          transportation, and computers.  Sec. 280F(d)(4)(A)(i), (ii), (iv).          
               Petitioners have offered no documentary or testimonial                 
          evidence for any of the expenses claimed for the "bed and                   
          breakfast" operation.  In order for the Court to estimate the               
          amount of an expense, we must have some basis upon which an                 
          estimate may be made.  Vanicek v. Commissioner, supra.  The Court           
          is without any such basis here, and any allowance would amount to           
          unguided largess.  Williams v. United States, 245 F.2d 559, 560             
          (5th Cir. 1957).                                                            
               Accordingly, the Court sustains respondent’s determination             
          that there are deficiencies in petitioners' income taxes for the            
          years 1997 and 1998.                                                        
          Accuracy-Related Penalties                                                  
               Respondent determined that petitioners are liable for the              
          section 6662(a) accuracy-related penalties for 1997 and 1998.               






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