Danielle L. Clark-Hernandez - Page 16




                                       - 15 -                                         

          deducted $7,709 in car and truck expenses, of which only $6,648             
          was substantiated.  Respondent allowed $5,318.40 per examination,           
          which is 80 percent of the amount substantiated.  Petitioner                
          contends that she conceded 80 percent of the claimed $7,709 truck           
          expense, and that respondent further reduced petitioner’s truck             
          expense by making adjustments for commuting.  Respondent argues             
          that local transportation expenses were included in the 80                  
          percent and petitioner’s further arguments regarding commuting              
          are misplaced.  We agree with respondent.                                   
               Petitioner agreed to the 80/20 division between business and           
          personal use of her vehicle.  Only $6,648 was substantiated which           
          respondent used as the base for the 80-percent calculation.                 
          Petitioner offered no evidence to support any additional                    
          transportation expenses in excess of respondent’s allowed car and           
          truck expenses for the years in issue.  She did not keep a daily            
          log or a diary of places traveled to during any of the years in             
          issue.  While she kept a calendar or a “rough little pad of                 
          paper, or whatever, that told me where I was going to go”, she              
          did not write down the distance to her regular accounts or                  
          “regular goings to pick up supplies”.  Although we find that                
          petitioner traveled from one job location to the next as was                
          needed, petitioner failed to comply with the strict requirements            
          of the statute.                                                             
               Respondent is sustained on this issue.                                 






Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011