General K. Hilliard and Ida M. Hilliard - Page 22

          hospital that was closer to her office.  For the 3 months during            
          1986 when Mrs. Hilliard maintained two offices, she would drive 1           
          day each week from Oakland to San Ramon and then home.                      
               Petitioners claimed 85 percent business use of                         
          Mrs. Hilliard's automobile, and respondent, in the notice of                
          deficiency, determined 17 percent business use.  At trial,                  
          Mrs. Hilliard estimated about 50 to 60 percent business use.                
               Section 274(d)(4) (which is effective for taxable years                
          beginning on or after January 1, 1986, the beginning of the first           
          year in issue) requires substantiation by adequate records or               
          evidence, in addition to mere testimony, to be entitled to travel           
          expenses.  Petitioners offered no records or other evidence of              
          the business use of Mrs. Hilliard's automobile other than her               
          testimony, which was expressed in terms of an estimate.                     
          Petitioners have not met the section 274(d) requirements                    
          necessary to show entitlement to transportation deductions in               
          excess of the amounts allowed by respondent.  Rule 142(a).7                 

          VI. Mortgage Interest                                                       
               Petitioners, for 1988, claimed $85,151 of mortgage                     
          interest.  Respondent's agent was shown substantiation for                  
          $83,216 of mortgage interest.  Petitioners, for 1987, claimed               
          $33,629 of mortgage interest, and respondent determined that all            


               7 Our determination of Mrs. Hilliard's automobile use                  
          results in an adjustment to her self-employment income, which in            
          turn increases her self-employment tax liability.  This                     
          adjustment is automatic (purely mathematical) and requires no               
          further discussion.                                                         



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