Mary K. Fisher and Charles F. Patterson, et al. - Page 25

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          basis of a horse named Jetta by estimating a fair market value of           
          $3,600 as of January 1, 1988, while acknowledging that he had               
          purchased the horse for less than that amount.                              
               Nevertheless, we believe that petitioners likely acquired,             
          for consideration, some of the assets underlying the disputed               
          claims for depreciation.  Petitioners had bases in these assets             
          upon which they could claim depreciation.  Where a taxpayer                 
          establishes that he or she has incurred a trade or business                 
          expense but cannot substantiate the precise amount of the                   
          expense, we may estimate the amount of the deductible expense,              
          including expenses attributable to depreciation.  Cohan v.                  
          Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930); Bell v                   
          Commissioner, 13 T.C. 344, 347-348 (1949).  We cannot, however,             
          allow a deduction unless the taxpayer presents some rational                
          basis upon which estimates may be made.  Vanicek v. Commissioner,           
          85 T.C. 731, 743 (1985).  In this instance, petitioners' failure            
          to substantiate the costs of the assets underlying their claims             
          for depreciation would reduce any attempt on our part to estimate           
          petitioners' depreciation expenses to little more than guesswork.           
          We, therefore, sustain respondent's determination.                          
               (d) 1992 Office Expenses                                               
               We now address petitioners' claim for a deduction for office           
          expenses in the amount of $958.  Petitioners did not discuss this           
          issue at trial, and the record contains no evidence to                      
          substantiate the claimed expenses.  Petitioners have failed to              




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