- 6 - 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 withinPage: Previous 1 2 3 4 5 6 7 8 9 Next
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