- 7 - Commissioner, 30 T.C. 757, 767-769 (1958); Udoh v. Commissioner, T.C. Memo. 1999-174; Beckey v. Commissioner, T.C. Memo. 1994-514. Petitioner’s testimony indicates that the articles of clothing claimed as expenses were adaptable to general use. Therefore, petitioner’s clothing expenses are personal expenses and are not deductible. Petitioner testified that he was entitled to larger deductions for vehicle expenses related to business mileage than allowed by respondent. Petitioners, however, presented no evidence other than a summary of the expenses claimed on their Schedules A and C. Under section 274(d), the elements that must be substantiated to deduct business use of an automobile are: (1) The amount of the expenditure; (2) the mileage for each business use of the automobile and the total mileage for all use of the automobile during the taxable period; (3) the date of the business use; and (4) the business purpose of the use of the automobile. See sec. 1.274-5T(b)(6), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985). Petitioners failed to substantiate any of these elements at trial. Although petitioners did not claim deductions for child care on their 1996 return or assert their entitlement to such deductions in their petition, petitioner raised this issue at trial. Generally, we do not consider issues raised for the first time at trial. See Vetco Inc. v. Commissioner, 95 T.C. 579, 589Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011