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a property, inspecting it, and negotiating with the owner. Byrne
scoured California, searching for a suitable exchange property.
His mileage logs for 1989 and 1990 detail his trips to at least
19 different properties.
In his search, Byrne drove two cars: A 1978 Chevrolet Malibu
(Malibu) owned by Frances and a 1977 Mercury Cougar (Cougar)
owned by NII. Byrne kept detailed mileage logs when he drove the
Malibu. Petitioner claims that Byrne drove the Malibu 10,305
miles in 1989, and 12,636 miles in 1990. Petitioner reimbursed
Byrne for his mileage by issuing him notes, payable on or before
December 31, 1997. The note for 1989 was for $2,318.63 (10,305
miles at 22.5 cents per mile). The note for 1990 was for
$3,285.36 (12,636 miles at 26 cents per mile).
The Malibu's 1990 mileage logs, however, are inaccurate.
Imbedded in the Malibu's logs were the Cougar's mileage logs for
June, July, and August of 1990. Moreover, some of the 1990
Malibu mileage logs that petitioner refers to in its summary
mileage calculation are not in evidence. After deducting these
miles, the Malibu's mileage logs indicate that Byrne drove the
Malibu 7,523 miles in 1990.
Except for the "imbedded" mileage logs, Byrne kept no Cougar
mileage logs. Petitioner claimed deductions only for the
Cougar's repairs and insurance.
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