Lucine Williams - Page 3

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          $7,296 to reflect an allowance of the standard deduction.  In                
          addition, respondent disallowed all of the rental expenses.                  
               In the Stipulation of Facts and Agreed Adjustments, the                 
          parties agreed that petitioner is not entitled to the Schedule E             
          partnership loss or the net operating loss deduction.  Of the                
          disallowed rental expenses, petitioner conceded $4,987 and                   
          respondent conceded $651.  With regard to the itemized                       
          deductions, while the parties stipulated that petitioner                     
          substantiated taxes of $2,164, they agreed that there is no tax              
          benefit because petitioner did not have itemized deductions in               
          excess of the standard deduction.  Finally, respondent conceded              
          the addition to tax for delinquency.                                         
               On his 1991 Federal income tax return petitioner claimed a              
          fuel tax credit of $8,249.  Respondent disallowed this amount in             
          the notice of deficiency.  Respondent contends that petitioner is            
          not entitled to a fuel tax credit and, in any event, has not                 
          substantiated his expenditures for gasoline and diesel fuel.                 
               Petitioner is a truck driver.2  In 1991, petitioner owned               
          two vehicles, a dump truck that operates on diesel fuel and a                
          pickup truck that uses regular gasoline.  Petitioner kept the                


          2  The structure of petitioner’s trucking business                           
          apparently is that of a partnership with his son, petitioner                 
          having 99 percent interest in the partnership.  No partnership               
          agreement or records are contained in the record.  The parties               
          have basically ignored the partnership in presenting this case,              
          and we shall do so as well.                                                  




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