- 21 - determined that the claimed capital improvements of $232,400 should be disallowed for lack of substantiation. The only substantiation of the $232,400 that has been offered by petitioner in this proceeding is a handwritten list of capital improvements and their purported cost (totaling $232,400) that he gave his return preparer in November 1995. There are no invoices or other supporting documentation for these claimed expenditures. Instead, petitioner again asserts his contention that his records were stolen and claims entitlement to an estimate under the Cohan rule. As with the claimed expenditures concerning the yachts, there is no proof that expenditures of this nature were in fact incurred, nor is there any evidence to support a reasonable estimate of the amount of these expenditures. We accordingly sustain respondent’s determination that $232,400 of petitioner’s claimed basis be disallowed and petitioner’s gain on the sale be increased in a corresponding amount. Understatement of Income From Charter Business Taxpayers must maintain records sufficient to establish the amount of income required to be shown on a return. Sec. 1.6001- 1(a), Income Tax Regs. In the absence of adequate records, the Commissioner may reconstruct the taxpayer’s income by any reasonable method. Estate of Rau v. Commissioner, 301 F.2d 51 (9th Cir. 1962), affg. T.C. Memo. 1959-117; Schellenbarg v.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011