- 23 - 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 hasPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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