Sue Taylor - Page 31

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              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.                                                                   






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