Jordon Jay Fingar - Page 12

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          Sec. 6001; sec. 1.6001-1, Income Tax Regs.7   Accordingly, we               
          must determine whether petitioner has met his burden of proving             
          that such expenses satisfy the requirements of section 162(a).              
               For 1979 and 1980, petitioner deducted $23,000 and $30,000,            
          respectively, for business travel and entertainment expenses.               
          Petitioner's automobile expenses are included in these amounts.             
          The record, however, is unclear as to the specific amount that              
          petitioner claimed for automobile expenses.  In the notice of               
          deficiency for 1979, respondent allowed petitioner as a                     
          reasonable deduction 55 miles per week at 18.5 cents per mile or            
          $530.  For 1980, respondent did not allow petitioner a deduction            
          for any expenses he incurred in connection with the car.                    
               Respondent argues that petitioner did not maintain a mileage           
          log nor did he record the business purpose of his auto expenses.            
          Accordingly, respondent contends that petitioner failed to                  
          establish the total business miles driven during the taxable                
          years in issue.                                                             
               At trial, petitioner testified that he used his car to                 
          transport clients to and from closings.  He further testified               
          that he did not drive to work but used the subway to commute.               
          Furthermore, petitioner stressed that because he lived in                   
          Manhattan, he did not need a car; that maintaining a car in New             

          7    Sec. 274(d)(4) was added to apply to years beginning after             
          1985.  Sec. 274(d)(4) requires specific substantiation for                  
          expenses "with respect to any listed property (as defined in                
          section 280F(d)(4))".  Sec. 280F(d)(4) includes any passenger               
          automobile as listed property.                                              



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