Sam Kong Fashions, Inc. - Page 23

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               Mr. Kong did not testify about any of the claimed                      
          additional equipment, and petitioners failed to provide any                 
          documents to establish that Sam Kong Fashions purchased any                 
          additional equipment.  We find that petitioners failed to prove             
          any entitlement to depreciation deductions in excess of those               
          shown on their returns.                                                     
               4.   Deductions Based on Respondent’s Statistics of                    
                    Income                                                            
               As an alternative, petitioners contend that respondent’s               
          1994 and 1995 Statistics of Income, Corporation Income Tax                  
          Returns, provide the ratios of net income to business receipts              
          that should be used to estimate the additional business expenses            
          of Sam Kong Fashions.                                                       
               In a similar case we refused to use evidence of statistical            
          data to establish additional unreported business expenses.                  
          Schachter v. Commissioner, T.C. Memo. 1998-260, affd. 225 F.3d              
          1031 (9th Cir. 2001).  In Schachter, the taxpayer offered general           
          survey information that did not purport to represent data from              
          comparable companies and requested that the Court use this data             
          to calculate allowable business expenses.  Id.  The Court                   
          rejected the taxpayer’s attempt to use the average profit margins           
          of other businesses, finding that the general survey information            
          failed to provide credible evidence of additional business                  
          expenses.  Id.  The Court noted that once the Commissioner has              







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