Hon Pui Yip - Page 5




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          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-               







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