Roger L. and Geraldine Williams - Page 19

                                        -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.                                                       




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