Austin B. Ewell, Jr. - Page 27

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          know of none.  Also, petitioner has not provided any logs or                
          other evidence of his use of the Audi.                                      
               The substantiation requirements do not apply to a qualified            
          nonpersonal use vehicle.  Sec. 274(d).  A qualified nonpersonal             
          use vehicle is “any vehicle which, by reason of its nature, is              
          not likely to be used more than a de minimis amount for personal            
          purposes.”  Sec. 274(i).  Petitioner contends that the Jeep is a            
          qualified nonpersonal use vehicle.  We disagree.  Sec. 1.274-               
          5T(k)(2)(ii), Temporary Income Tax Regs., 50 Fed. Reg. 46033                
          (Nov. 6, 1985) (partial list of qualified nonpersonal use                   
          vehicles, including clearly marked police and fire vehicles,                
          ambulances, hearses, vehicles designed to carry cargo with a                
          gross weight of more than 14,000 pounds, bucket trucks, cement              
          mixers, combines, cranes, derricks, delivery trucks with seating            
          only for the driver, dump trucks, flatbed trucks, forklifts,                
          refrigerated trucks, school buses, tractors, and other special              
          purpose farm vehicles.)  A Jeep is not like these specialized-use           
          vehicles.                                                                   
               We conclude that petitioner may not deduct amounts for the             
          Jeep in excess of that allowed by respondent.                               
               To reflect concessions and the foregoing,                              

          An order will be issued denying                                             
          in part respondent's motion to strike                                       
          the testimony of George F. Belyea and                                       




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