- 3 - determined that petitioner received unreported interest income of $13. A taxpayer generally must keep records sufficient to establish the amounts of the items reported on his Federal income tax return. Sec. 6001; sec. 1.6001-1(a), (e), Income Tax Regs. In the event that a taxpayer establishes that a deductible expense has been paid but is unable to substantiate the precise amount, we generally may estimate the amount of the deductible expense bearing heavily against the taxpayer whose inexactitude in substantiating the amount of the expense is of his own making. Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). We cannot estimate a deductible expense, however, unless the taxpayer presents evidence sufficient to provide some basis upon which an estimate may be made. Vanicek v. Commissioner, 85 T.C. 731, 743 (1985).1 The first deduction in dispute is the deduction for mortgage interest. Mortgage interest generally is deductible under section 163(a), subject to the requirements of section 163(h). Petitioner argues that the $1,023 disallowed by respondent represents interest he paid on a second mortgage. Petitioner, however, was unable to provide any substantiation for this second 1Where petitioner has failed to provide the required substantiation, as discussed in detail below, the burden of proof does not shift to respondent pursuant to sec. 7491(a) and instead remains on petitioner. Sec. 7491(a)(2)(A); Rule 142(a).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011