- 9 - 1998. However, petitioner presented an invoice at trial for the purchase of the van dated March 6, 1997. Further, petitioner testified that the van was driven for personal use “part of the time.” Therefore, the only evidence presented on this point indicates that the van was first placed in service in a personal activity in 1997. The section 179 expense is allowed as a deduction only in the year the property is placed in service. See sec. 179(a); Hendrix v. Commissioner, T.C. Memo. 1990-221; sec. 1.179-4(e), Income Tax Regs. Accordingly, petitioner is not entitled to the section 179 expense deduction claimed on the van in 1998. ii. Business Standard Mileage Rate Expense Since we found above that petitioner is not entitled to a section 179 expense deduction, petitioner may use the standard mileage rate to calculate the business-related vehicle expenses on the van, if substantiated. The business standard mileage rate in lieu of operating and fixed costs allows the taxpayer to deduct an amount determined by multiplying the business standard mileage rate for the year at issue by the number of miles driven for business purposes. Rev. Proc. 97-58, 1997-2 C.B. 587. The standard mileage rate for 1998 was 32.5 cents per mile. Id. Petitioner reported 12,370 miles driven for business purposes on Schedule C for the year at issue. Petitioner claimedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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