- 5 - (Nov. 6, 1985). In these instances, the Court is permitted to make as close an approximation of the allowable expense as it can, bearing heavily against the taxpayer whose inexactitude is of his or her own making. Cohan v. Commissioner, supra at 544. However, in order for the Court to estimate the amount of an expense, the Court must have some basis upon which an estimate may be made. Vanicek v. Commissioner, supra at 742-743. Without such a basis, any allowance would amount to unguided largesse. William v. United States, 245 F.2d 559, 560-561 (5th Cir. 1957). The record provides no satisfactory basis for estimating petitioner’s gambling losses. See Stein v. Commissioner, supra. Unlike cases such as Doffin v. Commissioner, T.C. Memo. 1991-114, where evidence of the taxpayer’s lifestyle and financial position allowed this Court to approximate unsubstantiated gambling losses, petitioner has failed to produce any evidence to corroborate her story.4 Consequently, the Court will not apply the Cohan rule to estimate the amount of petitioner’s gambling losses. 4 Petitioner asserted at trial that the difference between her gambling income and the loss she substantiated was put back into slot machines. This testimony, standing by itself, does not constitute a basis which would allow us to approximate petitioner’s gambling losses.Page: Previous 1 2 3 4 5 6 NextLast modified: March 27, 2008