Cohan Rule for California Franchise Tax Board

Sep 01, 2018 3 Replies

A client made improvements on his rental property in 1998, then made a 1031 exchange in 2016. California Franchise Tax Board audited the transaction and disallowed improvements made in addition to the purchase price. The taxpayer cannot find the actual invoices since they are lost after almost 20 years.



Is there any rule or cases similar to the Cohan Rule so I can apply to the California Franchise Tax Board?


Yes.

formatting link
formatting link
But.... please note that the rule does not allow you to just create a number out of thin air. You may not have the receipts to substantiate your expense, but you still have to provide some credible evidence that you incurred the expense and that there is a reasonable basis to estimate the amount.

Yes.

formatting link
formatting link
But.... please note that the rule does not allow you to just create a number out of thin air. You may not have the receipts to substantiate your expense, but you still have to provide some credible evidence that you incurred the expense and that there is a reasonable basis to estimate the amount. ==== Note that in practice, this type of argument has NOT been accepted by the Board of Equalization should the income tax appeal progress to their level. I witnessed such an argument in 2003 (2 cases earlier on the docket the one for which I was there) made by an experienced tax attorney, and the Board members denied all expenses.

Join the Discussion

Have something to add? Share your thoughts — no account required.

Didn't find your answer?

Ask the community — no account required