Albert William Dehr, III and Yoeng Yoep Dehr - Page 11

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          remaining after his subtraction from the total mileage is also a            
          "guesstimate".                                                              
               We find that petitioner's "guesstimate" of business miles              
          driven in the Lincoln automobile does not constitute an adequate            
          record or other sufficient evidence with which to substantiate              
          the business use of listed property as required by section                  
          274(d).  See sec. 1.274-5T(c)(2)(ii)(C), Temporary Income Tax               
          Regs., supra.                                                               
                    The Pickup Truck                                                  
               Of the 34,748 total business miles claimed for the use of              
          the pickup truck, petitioner testified that he drove 29,001 miles           
          to, from, and for Ro-Tile.  The difference between the total                
          mileage and the Ro-Tile mileage was "probably" associated with              
          his Bakos & Dehr realty endeavor, petitioner testified.                     
          Petitioners provided no other records or corroborating evidence             
          to substantiate the business use of the truck in the alleged real           
          estate activity.5  Petitioners may not claim as a business                  




               5Petitioners reported no partnership income or deductions              
          for the taxable year.  We assume that petitioner's real estate              
          activities generated, at best, startup or preopening expenses.              
          Sec. 195(c)(1).  Startup or preopening expenses are not                     
          deductible under either sec. 162 or sec. 212.  Hardy v.                     
          Commissioner, 93 T.C. 684 (1989); Goodwin v. Commissioner, 75               
          T.C. 424, 433 (1980) affd. without published opinion 691 F.2d 490           
          (3d Cir. 1982); Polachek v. Commissioner, 22 T.C. 858, 863                  
          (1954).  Even if substantiated, deduction of such expenses is               
          specifically denied by sec. 195(a).                                         




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