Eugene Clark - Page 6

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          business purposes by the standard rate.  Rev. Proc. 95-54, 1995-2           
          C.B. 450.  The standard mileage rate for 1996 was 31 cents per              
          mile.  Id.  A taxpayer may choose to use the standard mileage               
          rate in lieu of the actual automobile expenses.  Id.; Nash v.               
          Commissioner, 60 T.C. 503, 520 (1973); Parker v. Commissioner,              
          T.C. Memo. 1993-15.  However, if the taxpayer chooses to use the            
          standard mileage rate, he or she is precluded from depreciating             
          the vehicle in the same year.  Rev. Proc. 95-54, 1995-2 C.B. 450.           
               Petitioner claimed a car and truck expense deduction on his            
          1996 Federal income tax return of $7,714 based upon actual                  
          expenditures for the use of his Lexus in the conduct of his                 
          business.  Petitioner testified that the car and truck expense              
          reported on his return was based on actual expenditures including           
          automobile insurance, gasoline, oil change and maintenance, and             
          automobile payments.  Petitioner offered into evidence two Jiffy            
          Lube receipts totaling $111.14 and a mileage log prepared during            
          the audit.  Petitioner offered no other evidence substantiating             
          the $7,714 car and truck expense.  At trial, petitioner did not             
          dispute respondent’s mileage calculation for the business use of            
          his Lexus during 1996.                                                      
               Upon the basis of the record, we find that petitioner failed           
          to substantiate the car and truck expense deduction beyond that             
          which respondent allowed using the standard mileage rate.  As a             
          result, petitioner is not entitled to depreciate the Lexus within           

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