Juan N. and Miriam J. Villareal, et al. - Page 7

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               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 Federal           




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