- 15 - Property Basis Loss K-Mart $6,963,500 ($957,102) Indio 2,930,912 (921,800) Cowan Ave. 3,526,000 (226,000) Business Center Dr. 371,251 (371,251) Petitioners make no argument regarding basis or loss for the Avenida Del Mar property. If the taxpayer fails to keep adequate records but the Court is convinced that deductible expenditures were incurred, the Court may make as close an approximation as it can, bearing heavily if it chooses upon the taxpayer whose inexactitude is of his own making. Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir. 1930); Shea v. Commissioner, 112 T.C. 183, 187 (1999); see also Sandoval v. Commissioner, T.C. Memo. 2000-189 (we may estimate basis). However, there must exist some reasonable evidentiary basis upon which to make such an estimate. Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985); Edwards v. Commissioner, T.C. Memo. 2002-169. We are mindful that there must be sufficient evidence in the record to provide a basis for us to make an estimate and to conclude that a deductible expense was incurred in at least the amount to be allowed. Pratt v. Commissioner, T.C. Memo. 2002-279. We are not required to guess with respect to the amount of deductible expenses. Norgaard v. Commissioner, 939 F.2d 874, 879 (9th Cir. 1991), affg. in part and revg. in partPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011