-19- 560 (5th Cir. 1957).10 Accordingly, we sustain respondent's determination on this issue. 6. Supplies Petitioners claimed a deduction for "Supplies" in the amount of $2,250. In the notice of deficiency, respondent allowed $219 of the claimed deduction and disallowed the balance for lack of substantiation. However, at trial, respondent conceded that petitioners are entitled to deduct an additional $9. At trial, petitioners presented limited records related to the claimed deduction. Petitioners did produce several invoices from MacPherson Leather bearing dates throughout the year, as well as a canceled check, that together total $228, which respondent allowed. Petitioners allege that additional records substantiating the claimed deduction were destroyed in a fire.11 Again, however, no explanation was provided why some of these records escaped destruction while others did not. Nevertheless, we are satisfied that petitioners did in fact incur additional expense for supplies. Based on the record as a whole, we hold that petitioners are entitled to deduct $250 for supplies in addition to the amount allowed by respondent. Cohan v. Commissioner, supra. 10 In addition, any amount spent to acquire a new stand might be a capital expenditure and for that reason not a current expense. Secs. 263(a), 167, 168, 179(c). 11 See supra note 4.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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