- 5 - There must be sufficient evidence in the record, however, to permit us to conclude that a deductible expense was paid or incurred. Williams v. United States, 245 F.2d 559, 560 (5th Cir. 1957). One “contractor”,2 Mandy Babyak, who worked for petitioner’s nursing business in 2000 testified regarding petitioner’s nursing business expenses. We found Ms. Babyak to be credible. We shall rely on Ms. Babyak’s testimony to estimate petitioner’s nursing business expenses under the Cohan doctrine. 1. Contractor Expenses Petitioner claimed $23,100 in expenses for subcontractors for 1999. For 1999, respondent allowed $575 in the notice of deficiency and conceded an additional $8,550.77 on brief for a total of $9,125.77. This $9,125.77 represents checks paid to Carol Blank, Robert Shearer, and Kim Atkins. Petitioner has failed to substantiate that any additional amounts were paid to contractors in 1999. Accordingly, respondent’s determination, as modified by his concession, is sustained. Petitioner claimed $49,836 in expenses for subcontractors for 2000. For 2000, respondent conceded on brief $58,528 in contractor expenses. This concession represents amounts paid by 2 We use the term “contractor” for convenience only. We make no findings whether the people who worked for petitioner’s nursing business were independent contractors or employees.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011