Michael Robert Cottrell - Page 7

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          permanent books of account or records, including inventories, as            
          are sufficient to establish the amount of gross income,                     
          deductions, credits, or other matters required to be shown by               
          such person in any return of such tax".                                     
               Under certain circumstances, where a taxpayer establishes              
          entitlement to a deduction but does not establish the amount of             
          the deduction, the Court is allowed to estimate the amount                  
          allowable.  See Cohan v. Commissioner, 39 F.2d 540 (2d Cir.                 
          1930).  However, there must be sufficient evidence in the record            
          to permit the Court to conclude that a deductible expense was               
          incurred in at least the amount allowed.  See Williams v. United            
          States, 245 F.2d 559, 560 (5th Cir. 1957).  In estimating the               
          amount allowable, the Court bears heavily against the taxpayer              
          whose inexactitude is of his or her own making.  See Cohan v.               
          Commissioner, supra at 544.                                                 
               In this case, since there is both unreported gross income              
          and unsubstantiated expenses, the Court is unable to allow any              
          deductions to petitioner under Cohan v. Commissioner, supra.                
          Accordingly, the Court sustains respondent in this case.                    
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                                  Decision will be entered            
                                             for respondent.                          





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