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both parties, the sole issue for decision is whether petitioner
is entitled to a greater automobile mileage allowance than that
allowed by respondent.
Some of the facts have been stipulated and are so found.
Petitioner resided in North Highlands, California, at the time
his petition was filed.
During 1998, petitioner was in the hardwood floor business.
Petitioner owned a 1977 Chevrolet Sierra pickup truck and used it
exclusively in his business. On his 1998 Federal income tax
return, petitioner claimed a deduction for actual automobile
expenses in the amount of $13,409. Respondent disallowed that
amount, as well as others that have been resolved by concessions,
and allowed $6,538 based on a reconstruction of approximately
21,700 miles at the standard mileage rate.
Section 7491 does not apply in this case because petitioner
has not complied with all applicable substantiation requirements.
Sec. 7491(a)(2)(A).
Section 274(d) requires a taxpayer to substantiate the
business use of listed property, as defined in section
280F(d)(4), which includes a pickup truck, by adequate records or
by sufficient evidence corroborating the taxpayer’s own
statement. The limited evidence placed in the record by
petitioner fails to persuade us that he is entitled to a greater
allowance for mileage than respondent allowed. Accordingly, we
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Last modified: May 25, 2011