Roger L. and Geraldine Williams - Page 10

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               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.                         




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