Kevin E. O'Brien - Page 6




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               Petitioner does not have a mileage log or any other                    
          documentation to substantiate his claim.  Petitioner contends               
          that he kept a cash account book on his person at all times in              
          which he recorded “everything”.  This account book was destroyed            
          by the flooding in the apartment.  No miles or trips were                   
          recorded on the calendar submitted at trial.                                
               Passenger automobiles are listed property under section                
          280F(d)(4)(A)(i), and they are subject to the strict                        
          substantiation requirements of section 274(d).  Petitioner did              
          not reconstruct any records with regard to the mileage he                   
          incurred.                                                                   
               On the basis of this record, we are precluded from allowing            
          a deduction for any vehicle expenses.  We sustain respondent with           
          respect to this item.                                                       
               2. Parking                                                             
               Petitioner claimed a deduction of $780 for parking expenses.           
          The dealership does not provide parking for the employees.                  
          Therefore, petitioner parked at a nearby parking lot for which he           
          paid parking fees of $780 for the year.  It is well settled that            
          parking fees a taxpayer incurs as a part of his or her daily                
          commute are nondeductible personal expenses.  See sec. 262; see             
          also Commissioner v. Flowers, 326 U.S. 465, 470 (1946).                     
          Accordingly, respondent is sustained on this item.                          








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