- 9 - for the proposition that the cost of travel between a taxpayer’s two places of business is business travel. Petitioners’ reliance on Heape is misplaced. In Heape, the taxpayer was a coal miner who also operated a farm. We held that, even though the taxpayer did a considerable amount of work on his farm, he could not deduct his expenses of traveling between the coal mine and his home because, as here, the primary purpose for the trips was personal. Petitioners also rely on Gosling v. Commissioner, T.C. Memo. 1999-148, and Genck v. Commissioner, T.C. Memo. 1998-105. Petitioners’ reliance on Gosling and Genck is misplaced. In those cases, we held that the taxpayers could deduct the cost of travel between a business the principal location of which was at their home and a second location for the same business. In contrast, the Fritchton property was not the principal place of business of the gift shop. We conclude that the primary reason for petitioners’ travel between their gift shop and the Fritchton residence was personal. See Commissioner v. Flowers, supra. 3. Substantiation Petitioners’ only evidence of the amount of business use of the Cadillac and the Corvette in 1994 was petitioners’ testimony. Petitioner testified that his use of the Cadillac was 95 percent business and 5 percent personal. Petitioners treated the tripsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011