- 5 - for the estimate. Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). The parties stipulated that petitioner substantiated only $260,111 of the $536,473 in claimed Schedule C expenses. Petitioner asserts that he was unable to substantiate the remaining $276,362 because his sister and brother-in-law now operate Sam Transportation and either they refused to give petitioner the records or the records were destroyed by fire. While the Court found petitioner to be sincere, we are nevertheless unable to approximate the amount of expenses because we do not have a reasonable evidentiary basis on which to do so. Therefore, we sustain respondent’s determination that petitioner is entitled to deduct Schedule C expenses only to the extent substantiated, $260,111. Section 1401 imposes a tax on the self-employment income of individuals. Self-employment income means the net earnings from self-employment derived by an individual. Sec. 1402(b). Respondent determined that the net profit petitioner received from the operation of Sam Transportation constituted self- employment income and, consequently, petitioner was liable for self-employment tax. Petitioner bears the burden of proving respondent’s determination incorrect. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioner presented no testimony or other evidence regarding his liability for self-Page: Previous 1 2 3 4 5 6 NextLast modified: November 10, 2007