James P. Ellis - Page 10

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          carrying on a trade or business.  Generally, a taxpayer must                
          establish that deductions taken pursuant to section 162 are                 
          ordinary and necessary business expenses and must maintain                  
          records sufficient to substantiate the amounts of the deductions            
          claimed.  Sec. 6001; sec. 1.6001-1(a), Income Tax Regs.  Under              
          section 6001, a taxpayer bears the sole responsibility for                  
          maintaining his business records.                                           
               If a claimed business expense is deductible, but the                   
          taxpayer is unable to substantiate it, the Court is permitted to            
          make as close an approximation as it can, bearing heavily against           
          the taxpayer whose inexactitude is of his or her own making.                
          Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930).  The            
          estimate, however, must have a reasonable evidentiary basis.                
          Vanicek v. Commissioner, 85 T.C. 731, 743 (1985).  Without such a           
          basis, such an allowance would amount to unguided largesse.                 
          Williams v. United States, 245 F.2d 559, 560 (5th Cir. 1957).               
               The record does not contain any documents or reasonable                
          evidence substantiating petitioner's claimed expenses.                      
          Therefore, the Court concludes that petitioner is not entitled to           
          deduct any Schedule C expenses for 1998, 1999, or 2000 in excess            
          of amounts allowed by respondent.                                           
          C.   Addition to Tax for Failure To Timely File a Tax Return                
               Under section 7491(c), the Commissioner has the burden of              
          production in any court proceeding with respect to the liability            






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