-10- In contrast to commuting, automobile expenses incurred by petitioner in obtaining supplies may be deductible. However, those expenses would not be deductible if petitioner merely obtained supplies while commuting to work. See Mazzotta v. Commissioner, 57 T.C. 427 (1971), affd. per curiam 465 F.2d 1399 (2d Cir. 1972), affd. without published opinion 467 F.2d 943 (2d Cir. 1972). Assuming that petitioner obtained supplies independent of his morning or afternoon commute,3 then, in order to be entitled to any deduction, petitioner would have to meet the strict substantiation requirements of section 274(d). At trial, petitioners did not introduce any records pertaining to automobile-related expenses, much less the type of records necessary to substantiate the claimed deductions. See sec. 274(d). Rather, petitioners presented only unsupported testimony as evidence of the claimed deductions. Further, petitioners did not introduce documentation demonstrating that an automobile was leased or that payments were made on such a lease. See Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). This deficiency in the record, for which petitioners must accept responsibility, precludes an allowance for any automobile-related expense in excess of the amount allowed by respondent. 3 The $98 of the "Car & Truck" deduction allowed by respondent represents 350 business miles at the standard rate of $0.28 per mile for trips made to purchase supplies.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011