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remaining after his subtraction from the total mileage is also a
"guesstimate".
We find that petitioner's "guesstimate" of business miles
driven in the Lincoln automobile does not constitute an adequate
record or other sufficient evidence with which to substantiate
the business use of listed property as required by section
274(d). See sec. 1.274-5T(c)(2)(ii)(C), Temporary Income Tax
Regs., supra.
The Pickup Truck
Of the 34,748 total business miles claimed for the use of
the pickup truck, petitioner testified that he drove 29,001 miles
to, from, and for Ro-Tile. The difference between the total
mileage and the Ro-Tile mileage was "probably" associated with
his Bakos & Dehr realty endeavor, petitioner testified.
Petitioners provided no other records or corroborating evidence
to substantiate the business use of the truck in the alleged real
estate activity.5 Petitioners may not claim as a business
5Petitioners reported no partnership income or deductions
for the taxable year. We assume that petitioner's real estate
activities generated, at best, startup or preopening expenses.
Sec. 195(c)(1). Startup or preopening expenses are not
deductible under either sec. 162 or sec. 212. Hardy v.
Commissioner, 93 T.C. 684 (1989); Goodwin v. Commissioner, 75
T.C. 424, 433 (1980) affd. without published opinion 691 F.2d 490
(3d Cir. 1982); Polachek v. Commissioner, 22 T.C. 858, 863
(1954). Even if substantiated, deduction of such expenses is
specifically denied by sec. 195(a).
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