Peter Milton Joseph and Ella Joseph, Deceased - Page 7

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          as specifically provided by statute, and, as previously stated,             
          petitioners bear the burden of proving that they are entitled to            
          the claimed deductions.  INDOPCO, Inc. v. Commissioner, 503 U.S.            
          79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435,             
          440 (1934).                                                                 
               Section 6001 and the regulations promulgated thereunder                
          require taxpayers to maintain records sufficient to permit                  
          verification of income and expenses.  As a general rule, if the             
          trial record provides sufficient evidence that the taxpayer has             
          incurred a deductible expense, but the taxpayer is unable to                
          adequately substantiate the precise amount of the deduction to              
          which he or she is otherwise entitled, the Court 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, and allow the deduction to that               
          extent.  Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930).                 
          However, in order for the Court to estimate the amount of an                
          expense, the Court must have some basis upon which an estimate              
          may be made.  Vanicek v. Commissioner, 85 T.C. 731, 742-743                 
          (1985).  Without such a basis, any allowance would amount to                
          unguided largesse.  Williams v. United States, 245 F.2d 559, 560-           
          561 (5th Cir. 1957).  With these well-established propositions in           
          mind, we must determine whether petitioners have satisfied their            







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