William S. Fairey, Jr., and Susan R. Fairey - Page 22

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          could be for personal use.  Petitioners have not shown how much             
          of the payments to those stores was for school supplies.6                   
               If the taxpayer establishes that he or she paid a deductible           
          expense but cannot substantiate the precise amount, we may                  
          estimate the amount of a deductible expense, bearing heavily on             
          the taxpayer whose inexactitude is of his or her own making.                
          Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930).  The            
          10 checks that were admitted in evidence, bank statements, and              
          other evidence do not show how much Susan Fairey paid for items             
          for her classroom, and she did not testify as to the amounts of             
          those expenses.  Susan Fairey received $400 during each year in             
          issue to buy school supplies.  We have no basis to estimate how             
          much she spent each year in excess of $400.                                 
               Petitioners contend that respondent had copies of all of               
          petitioners’ checks and bank statements nearly 2 years before               
          trial and that Hughs and respondent’s counsel, Michael Zima                 
          (Zima), made conflicting statements about those records.  We                


               6  On the morning of trial, petitioners for the first time             
          gave respondent copies of additional canceled checks for the                
          years in issue and what petitioner said was a summary of those              
          checks.  The checks and the summary were not admitted in evidence           
          because petitioners did not provide them to respondent 14 days              
          before the first day of the trial calendar as ordered by the                
          Court in granting respondent’s motion to compel production of               
          documents and as required by the standing pretrial order.  See              
          Rules 104(c)(2), 131(b).  Admission into evidence of the checks             
          would not affect the result on this issue, however, because the             
          checks do not show whether the expenditures related to Susan                
          Fairey’s classroom.                                                         





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