- 7 - When a taxpayer establishes that he/she has incurred deductible expenses but is unable to establish the exact amounts, we can estimate the deductible amounts, but only if the taxpayer presents sufficient evidence to establish a rational basis for making the estimates. See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 742- 743 (1985). In estimating the amount allowable, we bear heavily on the taxpayer whose inexactitude in substantiating the amount of the expense is of his own making. See Cohan v. Commissioner, supra at 544. However, without a rational basis for making the estimate, any allowance we made would amount to unguided largesse. Williams v. United States, 245 F.2d 559, 560-561 (5th Cir. 1957). Respondent concedes that petitioners made noncash contributions during 2002 but maintains that the value of those contributions did not exceed $1,600. Considering the record before us, we do not doubt that petitioners made noncash charitable contributions during 2002. However, they failed to provide reliable evidence to prove that the amount thereof exceeded the $1,600 respondent conceded. We therefore hold that for 2002 petitioners are entitled to a $2,550 charitable contribution deduction (rather than the claimed $10,953 deduction), comprising $950 for cash contributions and $1,600 for noncash contributions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011