Teresita T. Daiz - Page 14




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          was driven a total of 48,490 miles between January 16, 1997, the            
          first day of her first job assignment that year, and December 31,           
          1997.  Petitioner submitted two vehicle maintenance receipts that           
          showed the odometer readings on October 5, 1997, and January 13,            
          1998.  The odometer readings on the receipts were consistent with           
          petitioner’s log.                                                           
               Although the log apparently accurately reflects petitioner’s           
          total mileage for the year, the record does not clearly show what           
          portion of the total miles was driven for business purposes.  The           
          mileage in petitioner’s log was not recorded precisely.  For                
          example, the mileage for any given day was generally identical to           
          the mileage from the day before, and her daily mileage was always           
          rounded to the nearest multiple of ten.  Petitioner testified               
          that she often estimated the mileage from the amount of time she            
          spent driving.  For example, she admitted that it was not unusual           
          for her to simply equate one hour of driving with a distance of             
          60 miles.                                                                   
               Although revenue procedures permit taxpayers to use a per-             
          mile estimate of automobile expenses in lieu of documenting                 
          actual expenses, taxpayers must still prove the actual business             
          miles driven during the year.  See Power v. Commissioner, T.C.              
          Memo. 1990-583.  The level of detail required to substantiate the           
          number of business miles driven may vary depending upon the facts           
          and circumstances.  Sec. 1.274-5T(c)(2)(ii)(C), Temporary Income            






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