- 9 - Wilkinson v. Commissioner, supra at 639; Roberts v. Commissioner, supra at 837; see also Seaboard Commercial Corp. v. Commissioner, 28 T.C. 1034, 1051 (1957) (a taxpayer’s income tax return is a self-serving declaration that may not be accepted as proof for the deduction or exclusion claimed by the taxpayer); Halle v. Commissioner, 7 T.C. 245 (1946) (a taxpayer’s return is not self- proving as to the truth of its contents), affd. 175 F.2d 500 (2d Cir. 1949). At trial, petitioner did not introduce any documentary evidence to support that she is entitled to deductions with respect to the Anchor Inn in excess of the amounts allowed by respondent. Likewise, petitioner did not offer testimony at trial in support of any of those deductions. Under certain circumstances, the Court may estimate the amount of a deductible expense and allow the deduction to that extent. See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). However, in the instant case, we have no basis whatsoever on which to approximate any additional deductible expenses with respect to petitioner’s operation of the Anchor Inn. See Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). In view of her failure to substantiate, we hold that petitioner is not entitled to the deductions claimed on her Schedules C with respect to the Anchor Inn in excess of the amounts allowed by respondent in the notice of deficiency.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011