DocketNumber: Docket No. 4838-75.
Citation Numbers: 35 T.C.M. 1275, 1976 Tax Ct. Memo LEXIS 118, 1976 T.C. Memo. 284
Filed Date: 9/8/1976
Status: Non-Precedential
Modified Date: 11/20/2020
MEMORANDUM FINDINGS OF FACT AND OPINION
TANNENWALD, (b) under the heading "Bad debts arising from sales on services", an amount of $5,000.00 labelled "Loss on A/R." As to*119 item (a), it is apparent from petitioner's testimony that no interest payments were made at all and consequently, as a cash basis taxpayer, he can obtain no deduction therefor. To the extent that the amount deducted represented certain debts which were owed by, and not As to item (b), petitioner testified that his books and records were not available because they had been taken by the bookkeeper at about the time the audit of petitioner's return began (and later destroyed by her) and that since then his bookkeeper's whereabouts have been unknown. Despite an attempt by the Court to obtain the barest of details as to the composition of the alleged $5,000 in bad debts in respect*120 of the amounts owed by named debtors or their financial condition at the end of 1971, petitioner did not recall any such information, stating that he could not provide anything without his books and records. Although we recognize the predicament in which the petitioner finds himself, we think that it was incumbent upon him either through his own testimony or perhaps the testimony of others, e.g., one or more of the alleged debtors, to produce some evidence beyond the round figure of $5,000 shown on the return. ; cf. . We are consequently unable even to make an estimate of an allowable deduction. Petitioner has totally failed to carry his burden of proof on this issue. See .
1. Two other items - medical expense and self-employment tax -- will be automatically determined by resolution of the above questions.↩
2. Because a joint return was filed, the statutory notice was issued in the names of Howard H. Hilsheimer and Betty Hilsheimer, but the latter did not file a petition.↩