Robert C. Kolbeck - Page 13

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          to establish the credibility of his testimony.  See Smith v.                
          Commissioner, T.C. Memo. 1998-33.                                           
               In this case, petitioner failed to take any steps to                   
          recreate his records, and he intentionally avoided communications           
          with respondent.  Although petitioner could have reconstructed at           
          least some of his expenses if he had made a good faith effort to            
          do so, petitioner did not make a meaningful attempt to contact              
          third parties who might have been able to verify the nature and             
          amount of his Schedule C expenses and/or provide copies of                  
          invoices and receipts for such expenses.  At trial, petitioner              
          did not produce any receipts, invoices, or other credible                   
          evidence, including third-party testimony, to support his                   
          Schedule C expense deductions.  Additionally, although petitioner           
          attempted to estimate his expenses at trial at the prompting of             
          this Court,5 his recollection was too vague and imprecise for the           
          Court to make a reasonable estimate.  See, e.g., Schaefer v.                

               5For example, petitioner testified that he owned and                   
          operated five trucks yet he took no steps to produce the records            
          necessary to verify that he owned five trucks during 2000 or his            
          basis in the vehicles.  He did not obtain duplicate records from            
          his insurance company to substantiate his insurance payments.  He           
          made no effort to reconstruct his fuel receipts by contacting the           
          companies from which he purchased fuel, and he did not call any             
          witnesses who might have verified that he purchased fuel during             
          2000.  Although petitioner testified that he paid commissions to            
          brokers for referrals during 2000, he could not identify how much           
          he paid the brokers, and he did not call any of the brokers as              
          witnesses.  He did not attempt to get duplicate copies of the               
          checks he used to pay the commissions from his bank.  He did not            
          even produce a duplicate receipt for the union dues he testified            
          he paid.                                                                    





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