- 36 - any argument on brief regarding the additional amount. Accordingly, respondent’s determination on the remaining claimed deduction is sustained. d. Miscellaneous Expenses As to SCC’s other deductions (i.e., entertainment, insurance, and rent), Mr. Strong was not able to proffer any documentation to substantiate that the purpose of these expenses was for business. Mr. Strong attributes the lack of substantiation to two fires that resulted in the loss of his receipts, but his general attitude regarding Federal income taxes and his lack of credibility leave us with no reason to believe receipts were ever maintained. Even if we were persuaded that some portion of these expenses was for business purposes, Mr. Strong has not offered any evidence that would support his allocation of expenses or otherwise allow the Court to reach an alternate determination under Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). Thus, with regard to these additional expenses for which there are no adequate receipts, SCC’s claim fails for lack of substantiation. III. Constructive Dividends to Mr. Strong Respondent argues that the unreported business income of SCC, measured by the deposits into account No. 893315300, is taxable to Mr. Strong as constructive dividend income because Mr.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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