Delbert L. and Margaret J. Baker - Page 65

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               Although we are permitted in certain circumstances to                  
          estimate a deductible amount, Cohan v. Commissioner, 39 F.2d 540,           
          543-544 (2d Cir. 1930), we can only do so when the taxpayer                 
          provides evidence sufficient to establish a rational basis upon             
          which an estimate can be made, Vanicek v. Commissioner, 85 T.C.             
          731, 743 (1985).  In this case, even assuming that all other                
          requirements for deductibility under section 213 have been                  
          established, petitioners have failed to provide evidence upon               
          which we can make a rational estimate.  Additionally, we note               
          that the facilities were available for recreational use by                  
          petitioners and their family, and petitioners have failed to                
          establish what portion of Mr. Baker’s use was for medical                   
          purposes.  Accordingly, we hold that petitioners are not entitled           
          to deductions for Mr. Baker’s use of the pool, spa, and exercise            
          facilities.                                                                 
               Contentions we have not addressed are moot, irrelevant, or             
          meritless.  To reflect the foregoing,                                       

                                             Decision will be entered                 
                                        under Rule 155.                               













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