- 36 - income and expense records he had. In addition, Mr. Runkle’s actual gross receipts for the years at issue may have been greater than the amounts respondent determined. Mr. Runkle admitted at trial that he had no idea whether respondent identified all of Mr. Runkle’s income because Mr. Runkle failed to keep records. Therefore, we are not obliged to speculate as to the amount of his expenses. Buelow v. Commissioner, 970 F.2d 412 (7th Cir. 1992), affg. T.C. Memo. 1990-219; Lerch v. Commissioner, 877 F.2d 624, 628 (7th Cir. 1989), affg. T.C. Memo. 1987-295; Pfluger v. Commissioner, 840 F.2d 1379 (7th Cir. 1988) (a taxpayer who will pay more tax than if he or she had been more forthright should not cause a court to bend the law in the taxpayer’s favor), affg. T.C. Memo. 1986-78; Norgaard v. Commissioner, T.C. Memo. 1989-390 (Cohan rule not applicable to estimate gambling losses where taxpayer failed to establish actual gambling gross receipts), affd. on this issue and revd. in part 939 F.2d 874 (9th Cir. 1991). Mr. Runkle presented no evidence to support his claim to additional expense deductions. Instead, he vaguely referred to an industry average, the basis for which is not in evidence. Mr. Runkle introduced no credible evidence to substantiate any expenses, let alone expenses in excess of the amount respondent allowed in the deficiency notice. Accordingly, based on the record as a whole, we hold that Mr. Runkle is not entitled toPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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