Emmanuel M. and Blessing N. Nwankwo - Page 25

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               Accordingly, we conclude that “lumber services” were, in               
          fact, within the scope of section 162(a), as helpful to the                 
          development of Mr. Nwankwo’s business insomuch as they enabled              
          him to save time and make a greater number of deliveries.  If the           
          record provides sufficient evidence that the taxpayer has                   
          incurred a deductible expense, but the taxpayer is unable to                
          adequately substantiate the amount of the deduction to which he             
          or she is otherwise entitled, the Court may estimate the amount             
          of such expense and allow the deduction to that extent.  See                
          Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930); Green           
          v. Commissioner, T.C. Memo. 1989-599.                                       
               In this case, however, although we find Mr. Nwankwo’s                  
          testimony credible to the fact that he did incur these expenses             
          on certain occasions, we must recognize that he provided neither            
          a total dollar amount nor the actual slips that he received from            
          these laborers, nor any other testimony upon which we could base            
          a Cohan estimation.  See Vanicek v. Commissioner, 85 T.C. 731,              
          742-743 (1985).  Accordingly, for lack of basic evidence, we must           
          sustain respondent’s determination with respect to these                    
          expenses.                                                                   
          Section 6662(a) Penalty                                                     
               As previously stated, respondent, in the notices of                    
          deficiency, determined that petitioners are liable for accuracy-            







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