- 6 - 6001; sec. 1.6001-1(a), Income Tax Regs. Petitioner bears the burden of proof. Rule 142(a).3 If a taxpayer establishes that he or she paid a deductible expense but cannot substantiate the precise amount, we may estimate the amount of the deductible expense. Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985). The taxpayer must present credible evidence that provides a rational basis for our estimate. Vanicek v. Commissioner, supra. We may estimate the taxpayer’s expenses bearing heavily against the taxpayer whose “inexactitude is of his own making.” Cohan v. Commissioner, supra; Maciel v. Commissioner, T.C. Memo. 2004-28. Petitioner asks us to estimate the amount of his business expense deductions under Cohan and contends that he is entitled to deductions based on statistical information for the insurance and financial products industries. We disagree. Cohan does not apply because petitioner did not present evidence (statisticial or otherwise) that he incurred deductible expenses greater than the amount of the standard deduction allowed by respondent. Thus, we have no basis to estimate the amount of his deductible expenses. 3 Petitioner does not contend that the burden of proof shifts to respondent under sec. 7491(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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