Sam Kong Fashions, Inc. - Page 18

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          Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir. 1930); Vanicek             
          v. Commissioner, 85 T.C. 731, 742-743 (1985); Pratt v.                      
          Commissioner, T.C. Memo. 2002-279.  Courts will only estimate the           
          expenses when the record provides some basis for computation.               
          Cohan v. Commissioner, supra; Vanicek v. Commissioner, supra.  In           
          estimating the taxpayer’s allowable deductions, the court bears             
          heavily against the taxpayer because the “inexactitude is of his            
          own making.”  Cohan v. Commissioner, supra; Maciel v.                       
          Commissioner, T.C. Memo. 2004-28.                                           
               Petitioners argue that Sam Kong Fashions is entitled to                
          additional deductions for employee compensation, thread expenses,           
          and depreciation that the corporation did not report on its 1994            
          and 1995 corporate income tax returns.  Alternatively,                      
          petitioners argue that Sam Kong Fashions’s gross income should be           
          determined by multiplying its gross receipts by the IRS’s                   
          statistically estimated ratio of net income to business receipts            
          for the apparel and other textile products.  Respondent argues              
          that petitioners have failed to provide adequate books and                  
          records to substantiate the claimed unreported business expenses.           
               We find that Sam Kong Fashions has failed to provide                   
          evidence necessary to substantiate the claimed additional                   
          deductions.  Petitioners submitted copies of bank statements and            
          checks drawn from the business checking account of Sam Kong                 
          Fashions for the 1994 and 1995 taxable years.  We did not find              






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