John H. Miner and Holly K. Miner - Page 20




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          estimated for business use of his van for 1988, 1989, and 1991.             
          We disagree.                                                                
               A taxpayer may not deduct costs for the use of a passenger             
          vehicle unless the taxpayer substantiates the amount of the                 
          expense, the time and place of travel, and the business purpose             
          of travel with adequate records or sufficient evidence                      
          corroborating the taxpayer's statement.  See sec. 274(d).                   
               Petitioners contend that section 274(d) does not apply to              
          petitioner's van.  We disagree.  Section 274(d) applies to                  
          passenger automobiles and other property used as a means of                 
          transportation.  See sec. 280F(d)(4)(A)(i) and (ii).  A passenger           
          automobile is any 4-wheeled vehicle (including vans) which is               
          manufactured primarily for use on public streets, roads, and                
          highways and is rated at 6,000 pounds gross vehicle weight or               
          less.  See sec. 280F(d)(5)(A).  Petitioners have not shown that             
          the van has a gross weight of 6,000 pounds or more.  Thus, the              
          substantiation requirements of section 274(d)(4) apply to                   
          petitioner's van.                                                           
               Less than a year before trial and at least 6 years after the           
          last year in issue, petitioner prepared a written estimate of his           
          business mileage from memory.  He did not use any records to                
          prepare the estimate.  Petitioner's testimony and written                   
          estimate of his business mileage fail to satisfy the                        
          substantiation requirements of section 274(d).  See sec. 1.274-5,           






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