1madoff
lifeinmiddlemarch1
399
2paradise
14albion
1empireofpain
11632
Ruth Bader Ginsburg 360x1000
storyparadox2
Betty Friedan 360x1000
George M Cohan and Lerarned Hand 360x1000
Adam Gopnik 360x1000
Richard Posner 360x1000
Margaret Fuller3 360x1000
LillianFaderman
2confidencegames
10abion
Spottswood William Robinson 360x1000
6albion
1paradide
5confidencegames
Maurice B Foley 360x1000
7confidencegames
1gucci
Samuel Johnson 360x1000
Margaret Fuller2 360x1000
Margaret Fuller 2 360x1000
2defense
1trap
1lafayette
Margaret Fuller4 360x1000
Anthony McCann1 360x1000
Lafayette and Jefferson 360x1000
9albion
1falsewitness
Susie King Taylor2 360x1000
1theleasofus
Brendan Beehan 360x1000
13albion
3paradise
Storyparadox1
3theleastofus
Mary Ann Evans 360x1000
2transadentilist
Stormy Daniels 360x1000
Anthony McCann2 360x1000
11albion
2albion
299
1lauber
Gilgamesh 360x1000
2lafayette
Margaret Fuller 360x1000
Thomas Piketty3 360x1000
7albion
1jesusandjohnwayne
Margaret Fuller5 360x1000
2theleastofus
12albion
8albion'
Learned Hand 360x1000
2lookingforthegoodwar
1transcendentalist
1albion
Mark V Holmes 360x1000
3defense
AlexRosenberg
6confidencegames
3albion
4confidencegames
storyparadox3
2falsewitness
lifeinmiddlemarch2
1defense
George F Wil...360x1000
Margaret Fuller1 360x1000
5albion
499
Thomas Piketty1 360x1000
Susie King Taylor 360x1000
2gucci
199
Tad Friend 360x1000
1confidencegames
4albion
James Gould Cozzens 360x1000
1lookingforthegoodwar
Thomas Piketty2 360x1000
Edmund Burke 360x1000
Office of Chief Counsel 360x1000
3confidencegames
2jesusandjohnwayne
Maria Popova 360x1000
2trap

I always like it when a taxpayer wins using the Cohan rule.  Fortunato Gonzalez, who liked to play the slots on weekends recently took advantage of the rule.  He had failed to report the $20,700 of winnings reported to him on Form W-2G by the Cache Creek Casino Resort.  His reasoning was simple.  He held the theory that “all gamblers lose money”.    My affection for the Cohan rule actually comes from a misunderstanding I had about its origin.

Someone getting a CPA license in Massachusetts this year will have a license number well over 30,000.  My number from 1983 is 7715.  The framed certificate in the conference room at Joseph B. Cohan and Associates that belonged to the eponymous founder was two hundred something .  The firm was founded in 1917 and lasted 80 years.  I was the last person to become a partner in JBC.  When I was starting out Mr. Cohan was still coming into the office for a few hours a day, when he was not in Florida.  I think he was mainly attending to his other ventures as the firm was run by his son Herb, who it pains me to realize was younger then than I am now.

At any rate between Mr. Cohan and his sons Herb and Paul, there was over a century of public accounting experience distilled in that office.  I sometimes thought they had boiled it down to the principles – “Money coming in is good.  Money going out is bad.”, but there was more to it than that.  One of the other principles I learned was that lacking receipts you could always try to have a good story.  We called it the “Cohan rule” and many JBC staff accountants, some of whom were not that well read, were certain that the name derived either from our founder or his managing partner son.  It was rather a shock to me when I learned that if was actually named for George M. Cohan, whose statue stands in Times Square.

Jospeh B. Cohan had already been running his firm for over a decade when, in 1930, the Second Circuit took up the case of George M. Cohan and handed down its famous ruling:

In the production of his plays Cohan was obliged to be free-handed in entertaining actors, employees, and, as he naively adds dramatic critics. He had also to travel much, at times with his attorney. These expenses amounted to substantial sums, but he kept no account and probably could not have done so.

Absolute certainty in such matters is usually impossible and is not necessary; the Board should make as close an approximation as it can, bearing heavily if it chooses upon the taxpayer whose inexactitude is of his own making.

Compare that to the Tax Court’s ruling in favor of Mr. Gonzalez:

Petitioners wrote checks to cash at least once a month for most of the year in issue, and most of the checks were negotiated near weekends and holidays. We are satisfied that at least some of these funds and some of the winnings were used to engage in gambling activities. Taking into account the credible testimony of petitioners, the fact that gambling winnings were used to engage in additional gambling activity, the cashing of checks on the weekends, and the fact that petitioners’ disposable income from other sources was otherwise limited, and using our best judgment to reasonably estimate the amount of gambling losses, we allow petitioners a gambling loss of $15,000. Accordingly, petitioners may deduct $15,000 of gambling losses against the $20,700 of gambling winnings.

Even though Mr. Gonzalez is still probably overpaying a bit, he should definitely give his regards to Broadway.

There are a couple of cautions that you need to bear in mind .   The scope of the Cohan rule has been drastically narrowed by legislation.  The meals and entertainment that George M. Cohan was so free-handed with now have to meet fairly stringent documentation requirements to be deductible.  Charitable contributions also now have a high standard of proof.  Also note the words in the decision – “bearing heavily on the taxpayer” – “whose inexactitude is of his own making”.  Somebody told me that back in the day agents would allow $52 in contributions to your church under the Cohan rule.  They would take your word that you went to church every Sunday but not that you were dropping C-notes in the plate.  So you should keep good records, just like you should floss regularly, but don’t totally throw in the towel if you are audited without the good records, just like you keep going for cleanings so the hygienist can scold you.

You can follow me on twitter @peterreillycpa.

PS : You can read quite a bit about the Cohan rule on tax blogs, but I particularly recommend I’m A Yankee Doodle Tax Pro by Robert Flach,  the Wandering Tax Pro, who is a great fan of Broadway musicals.

Originally published on Forbes.com on August 25th, 2012