- 24 - 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-Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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