- 44 - of the renovation of the 5-4 Ballroom, a letter from Joan M. Miller, confirming petitioners’ payment of $5,888 of chapter 11 bankruptcy costs in 1993,18 and a statement from Rafael Rosario acknowledging that he was paid $3,000 for “carpentry, painting, and electrical work” at the 5401-9 S. Broadway property. Neither petitioners nor their accountant offered any satisfactory explanation as to why additional documentation was not provided. Although petitioners did not introduce substantiation to fully document all the Schedule C expenses they claimed for 1992 and 1993, petitioners did substantiate some expenses. In addition, we are convinced from our review of all the evidence that petitioners incurred and paid at least some of the claimed expenses for which documentation has not been provided. Unfortunately, with respect to most of the undocumented expenses, petitioners did not provide any factual record from which we might estimate the expenses they paid. See Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). Therefore, using our best judgment and bearing heavily against petitioners because this inexactitude is of their own making, Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930), we find that the following expenses have either been documented or are allowable under Cohan with respect to the 5401-9 S. Broadway property as follows: 18Petitioners did not offer any explanation of why they claimed the bankruptcy costs were deductible.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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