Teresita T. Daiz - Page 13




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          automobile.  Sec. 1.274-5T(b)(6), Temporary Income Tax Regs., 50            
          Fed. Reg. 46016 (Nov. 6, 1985).                                             
               To meet the adequate records requirements of section 274(d),           
          a taxpayer must maintain some form of records and documentary               
          evidence that in combination are sufficient to establish each               
          element of an expenditure or use.  Sec. 1.274-5T(c)(2), Temporary           
          Income Tax Regs., 50 Fed. Reg. 46017 (Nov. 6, 1985).  A                     
          contemporaneous log is not required, but corroborative evidence             
          to support a taxpayer’s reconstruction of the elements of                   
          expenditure or use must have “a high degree of probative value to           
          elevate such statement and evidence” to the level of credibility            
          of a contemporaneous record.  Sec. 1.274-5T(c)(1), Temporary                
          Income Tax Regs., 50 Fed. Reg. 46017 (Nov. 6, 1985).                        
               On her 1997 Federal income tax return, petitioner claimed              
          that during 1997 her vehicle was driven 62,730 miles, of which              
          59,610 were business miles.  On her Schedule A, petitioner                  
          reported business mileage of 54,570 miles, and on her Schedule C,           
          she reported business mileage of 5,040 miles.  Her vehicle                  
          expenses were computed using the appropriate standard mileage               
          rate for 1997 of 31.5 cents.  See Rev. Proc. 96-63, 1996-2 C.B.             
          420, 422.                                                                   
               During 1997 petitioner maintained a log of the odometer                
          readings for her vehicle.  The log contains the names of the                
          cities to which petitioner drove.  The log shows that the vehicle           






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