- 7 - If the item is deductible, but the taxpayer is unable to substantiate it, the Court should make as close an approximation as it can. Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). The estimate, however, must have a reasonable evidentiary basis. Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985). In making an estimate, the Court may bear heavily upon the taxpayer, whose inexactitude is of his own making. Cohan v. Commissioner, supra at 543-544. Accordingly, this Court will make as close an approximation as we can where a reasonable evidentiary basis exists. a. Advertising Expenses Petitioners claimed Schedule C advertising expense deductions in the amount of $1,859 on their 1994 Federal income tax return. Petitioners incurred this expense in purchasing an 18-foot neon sign which was apparently attached to the outside of Villa Cabana. Under section 263, any amount paid for capital expenditures may not be currently deducted. Commissioner v. Idaho Power Co., 418 U.S. 1, 16 (1974). Capital expenditures include fixtures and similar property having a useful life substantially beyond the taxable year. Sec. 1.263(a)-2(a), Income Tax Regs. Signs with a useful life of more than 1 year must be capitalized. See Alabama Coca-Cola Bottling Co. v. Commissioner, T.C. Memo. 1969-123. Though petitioners claimed the $1,859 amount as an advertising expense deduction on Schedule C of their 1994 FederalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011