Dieter Stussy - Page 8

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          precluded from deducting them.  See Weyts v. Commissioner, T.C.             
          Memo. 2003-68.  A contrary conclusion would contravene the                  
          statutory text and the purpose of recordkeeping for contributions           
          in excess of $250.                                                          
          4.  Mileage                                                                 
               Petitioner argues that he may deduct as a miscellaneous                
          itemized deduction an amount for the 275.1 miles that he drove              
          during the year in connection with the determination of his                 
          personal income tax liabilities.  Respondent argues that all of             
          this mileage is personal and, hence, nondeductible.  Respondent             
          also argues that the mileage was not incurred either in                     
          connection with the determination, collection, or refund of a               
          tax, or as an ordinary and necessary expense related to the                 
          determination, collection, or refund of a tax.  Yet, respondent             
          does not dispute (and in fact has stipulated) that the 275.1                
          miles were driven for the purposes which we have described supra            
          at p. 5.                                                                    
               We hold that petitioner may deduct all of the disputed                 
          mileage at the standard mileage rate.  Section 212(3) allows an             
          individual to deduct “all the ordinary and necessary expenses               
          paid or incurred during the taxable year * * * in connection with           
          the determination, collection, or refund of any tax.”  The                  
          Treasury Department has interpreted this section as follows:                
               Expenses paid or incurred by an individual in                          
               connection with the determination, collection, or                      





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