Chay R. Stewart - Page 6

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          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).                                    





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