Robert B. Keenan - Page 7

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          least some reasonable evidence from which to estimate a                     
          deductible amount.  Vanicek v. Commissioner, 85 T.C. 731, 743               
          (1985).                                                                     
               Other than the handwritten check log and petitioner’s                  
          unsupported testimony, there is nothing in the record to show               
          that the alleged expenses were actually incurred.  The record is            
          insufficient to provide the Court with a reasonable evidentiary             
          basis for estimating the deductible amount.  Therefore, we find             
          that we may not use the Cohan rule to estimate petitioner’s                 
          allowable expenses.  We hold that petitioner is not entitled to             
          any deductions beyond the personal exemption and the standard               
          deduction already allowed by respondent.  As a result, except to            
          the extent conceded, respondent’s determination that petitioner             
          has a Federal income tax deficiency of $17,165 in 2000 is                   
          sustained.                                                                  
          D.   Additions to Tax Under Sections 6651(a)(1) and 6654(a)                 
               Finally, we must determine whether petitioner is liable for            
          additions to tax under sections 6651(a)(1) and 6654(a).                     
          Respondent bears the burden of production with respect to                   
          petitioner’s liability for the additions to tax.  Sec. 7491(c);             
          Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001).  To meet              
          his burden of production, respondent must come forward with                 
          sufficient evidence indicating that it is appropriate to impose             
          the additions to tax.  Higbee v. Commissioner, supra at 446-447.            






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