Andrew and Margita Zards et al. - Page 14

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          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.  * * *                                 






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