Marvin L. Barmes and Barbara J. Barmes - Page 10




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            from petitioners’ Fritchton residence to Barbara’s Gift Shop as                            
            business use.  Petitioners contend that a trip to the shopping                             
            mall or a restaurant is business related if the taxpayer makes a                           
            business-related telephone call while on the trip.  We disagree.                           
            A business telephone call does not change the character of a trip                          
            from personal to business.  See H. Conf. Rept. 98-861, at 1028                             
            (1984), 1984-3 C.B. (Vol. 2) 1, 282.                                                       
                  Mrs. Barmes used the Corvette for some personal purposes.                            
            She did not estimate the amount of her business use of the                                 
            Corvette in 1994.  Petitioners do not have a log, records, or                              
            other corroboration of their testimony relating to their business                          
            use of their automobiles as required by section 274(d)(4).                                 
            Petitioners did not establish the percentages of business use of                           
            the two automobiles.  See Rutz v. Commissioner, 66 T.C. 879, 883-                          
            886 (1976); Hradesky v. Commissioner, 65 T.C. 87, 90 (1975),                               
            affd. per curiam 540 F.2d 821 (5th Cir. 1976); Nicholls, North,                            
            Buse Co. v. Commissioner, 56 T.C. 1225, 1235-1236 (1971);                                  
            Kennelly v. Commissioner, 56 T.C. 936, 942 (1971), affd. 456 F.2d                          
            1335 (2d Cir. 1972).  Thus, petitioners may not deduct                                     
            depreciation of the Cadillac and the Corvette for 1994.                                    
            B.    Whether Petitioners May Deduct the Costs of Restoring and                            
                  Improving Their Pond as a Casualty Loss                                              
                  Petitioners deducted $27,187 on their Schedule C for                                 
            Barbara’s Gift Shop for restoration of their pond.  Petitioners                            
            now contend that they may deduct as a casualty loss for 1994                               





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