- 16 - rate that is deemed to satisfy the substantiation requirements and has done so for 1997. Sec. 1.274(d)-1(a), Income Tax Regs.; Rev. Proc. 96-63, 1996-2 C.B. 420. Actual allowable expenses such as gasoline and tolls are deductible if incurred in a trade or business and if they do not constitute personal commuting expenses. Sec. 162; Green v. Commissioner, 59 T.C. 456 (1972); sec. 1.162-1(a), Income Tax Regs. Petitioner’s Nissan Altima qualifies as “listed property” under sections 274(d)(4) and 280F(d)(4)(A)(i). Petitioner has not provided any facts in support of depreciation of the automobile. Therefore, the deduction for depreciation of the automobile is denied. Petitioner produced a handwritten list approximating his miles driven and tolls paid. This list provides no assistance as to whether petitioner has claimed as a deduction a standard mileage rate or actual expenses. To the extent that this list reflects mileage, it does not appear to be a contemporaneous log. See Smith v. Commissioner, supra. It also fails to establish petitioner’s time, place, and business purpose of the miles driven. Therefore, petitioner has not substantiated the deduction for a mileage allowance, and it is denied. To the extent that petitioner’s handwritten list reflects actual expenses associated with the automobile, petitioner hasPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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