- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011