Fawzi and Dolores Tay Tay Assaad - Page 23

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          concluding that any amount of the $250,000 loan was paid into the           
          Atherton project.  Any interest reserve in that loan has likewise           
          not been shown to be deductible.                                            
               With respect to the $350,000 loan, petitioners on brief                
          indicate that $212,000 of this loan was used to pay off the                 
          remaining amount of the $250,000 loan.  For the reasons mentioned           
          above, that portion of the loan would not be deductible.  With              
          respect to the remaining portion of that loan, $138,000, there is           
          no documentary evidence showing that amount represents deductible           
          expenses paid into the Atherton project.  Petitioners rely on a             
          letter from Mr. Assaad to Mr. Waters and a handwritten note from            
          another representative of Pacific.  However, those items indicate           
          only that the remaining amount of the $250,000 loan was increased           
          to $350,000.  They do not take the further step of substantiating           
          the increase as deductible expenses.                                        
               We are mindful that there must be sufficient evidence                  
          contained in the record to provide a basis for us to make an                
          estimate and to conclude that a deductible expense was incurred             
          in at least the amount to be allowed.  Pratt v. Commissioner,               
          T.C. Memo. 2002-279.  We are not required to guess with respect             
          to the amount of deductible expenses.  Norgaard v. Commissioner,            
          939 F.2d 874, 879 (9th Cir. 1991), affg. in part and revg. in               
          part T.C. Memo. 1989-390; Williams v. United States, 245 F.2d               
          559, 560 (5th Cir. 1957).  In the instant case, we bear heavily             






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