- 14 - management services. Again, we do not know whether such payments, if made, are properly deductible under section 162(a). If a claimed deduction is not adequately substantiated, we are permitted to estimate expenses when we are convinced from the record that the taxpayer has incurred such expenses. Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930). However, we require a basis upon which an estimate may be made. Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). Here, for the most part, we have no such basis. Moreover, since any expense we would estimate would constitute a nondeductible preopening expense, no estimate is necessary. 2. Preopening Expenses The parties have stipulated, and we have found, that Good Shepherd did not operate a nursing home or other health care facility in any of the years in issue. On brief, petitioners state that, beginning in 1985: The corporate business of Good Shepherd was to buy and sell distressed properties, fix them, and resell or operate them. In the case of the Property, "fixing" at first meant getting approval for a nursing home license since at or near the time of purchase the nursing home had 90% of improvements needed to operate a nursing home. It was the most logical way to turn this distressed Property around. Unfortunately, the nursing home approval was never obtained. Every time it seemed near at hand, another problem would crop up. Even though a licensed health facility manager was in place, unexpected environmental and construction problems had to be dealt with. Efforts to obtain a nursing home license began in 1985 and continued through 1988, the years in question in this case. * * *Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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