Steven J. and Terry L. Namyst - Page 17

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               A taxpayer must establish his cost or adjusted basis for the           
          purpose of determining gain or loss that he must recognize on a             
          sale of property.  O’Neill v. Commissioner, 271 F.2d 44, 50 (9th            
          Cir. 1959), affg. T.C. Memo. 1957-193; Brodsky v. Commissioner,             
          T.C. Memo. 2001-240; Schaeffer v. Commissioner, T.C. Memo. 1994-            
          206.  Proof of the cost or adjusted basis is necessary because              
          recovery of an amount in excess of cost constitutes income.                 
          Cullins v. Commissioner, 24 T.C. 322, 328 (1955).  In certain               
          circumstances, we may use the Cohan rule to estimate a taxpayer’s           
          basis in an asset at the time of transfer.  Cohan v.                        
          Commissioner, 39 F.2d 540 (2d Cir. 1930); Group Admin. Premium              
          Servs., Inc. v. Commissioner, T.C. Memo. 1996-451.  In order for            
          the Court to estimate basis, the taxpayer must provide some                 
          “reasonable evidentiary basis” for the estimation.  Group Admin.            
          Premium Servs., Inc., supra (citing Polyak v. Commissioner, 94              
          T.C. 337, 345 (1990) and Vanicek v. Commissioner, 85 T.C. 731,              
          743 (1985)); Saykally v. Commissioner, T.C. Memo. 2003-152.                 
               Here, petitioners have not provided any facts or details               
          that permit a reasonable estimate of their basis in the purchased           
          tools.  Petitioner testified that the tools were his “older                 
          equipment” and that he had owned some of them since he was 10 or            
          12.  Pictures of each tool were submitted at trial with                     


               4(...continued)                                                        
          arrangement between petitioner and Mr. Kerkinni.                            





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