-11-
inexactitude is of his or her own making. Cohan v. Commissioner,
39 F.2d 540, 543-544 (2d Cir. 1930). For the Cohan rule to
apply, however, a basis must exist on which this Court can make
an approximation. Vanicek v. Commissioner, 85 T.C. 731, 742-743
(1985). Without such a basis, any allowance would amount to
unguided largesse. Williams v. United States, 245 F.2d 559, 560
(5th Cir. 1957).
Certain business expenses may not be estimated because of
the strict substantiation requirements of section 274(d). See
sec. 280F(d)(4)(A); Sanford v. Commissioner, 50 T.C. 823, 827
(1968), affd. per curiam 412 F.2d 201 (2d Cir. 1969). For such
expenses, only documentary evidence will suffice.
We now address whether petitioner is allowed to deduct any
amounts beyond those he reported on his returns. We find that he
may not. Petitioner has not introduced evidence to substantiate
the additional deductions he claims. He has simply stated in his
brief that he is entitled to these deductions. Statements in
briefs and exhibits attached to briefs are not evidence.8 See
Rule 143(b); Shepherd v. Commissioner, 115 T.C. 376, 399 n.22
(2000), affd. 283 F.3d 1258 (11th Cir. 2002). As petitioner has
introduced no evidence regarding these claimed deductions, we
cannot estimate the amounts of the deductions under the Cohan
rule. See Cohan v. Commissioner, supra. Accordingly, petitioner
8In his reply brief, petitioner also requests additional
time to supply information regarding the lease of equipment.
Evidence pertaining to petitioner’s claims should have been
introduced at trial. See Rule 143. Petitioner may not introduce
any further evidence. See id.
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