- 31 - Where a taxpayer claims a business expense, but cannot fully substantiate it, the Court may approximate the allowable amount. Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). However, the taxpayer must provide reasonable evidence from which to estimate the deductible amount. Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985). If the evidence presented by the taxpayer is not sufficient to identify the nature of or estimate the extent of the expense, then the taxpayer is not entitled to the benefits of the Cohan rule. See Williams v. United States, 245 F.2d 559, 560 (5th Cir. 1957). Furthermore, where the taxpayer fails to cooperate with the Commissioner and this Court, we have no obligation to apply the Cohan rule. Lerch v. Commissioner, 877 F.2d 624, 628-629 (7th Cir. 1989), affg. T.C. Memo. 1987-295. Petitioner claimed Form 1040, Schedule C deductions for expenses of Nature’s Herb & Tea Garden. Accompanying petitioner’s 1999 return was a list of expenses, listing only the total amounts allegedly incurred; i.e., $642 of office expense and $15,384 for supplies. Petitioner did not provide any evidence to substantiate these claimed expenses. Petitioner’s list of expenses is not sufficient to substantiate such expenses or to enable us to apply the Cohan rule and estimate a deductible amount. The adjustments disallowing Schedule C expenses are sustained.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011