- 18 - 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 findPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011