Richard Orin Berge - Page 14

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          Respondent contends that the disallowed portion of the deduction            
          represents the miles driven by petitioner for personal reasons;             
          i.e., to visit his family in Orange County, California, and,                
          therefore, said travel was not an ordinary and necessary expense            
          relating to his trade or business.                                          
               Petitioner maintained a contemporaneous trip sheet which               
          established:  (1) The trips taken by petitioner; (2) the starting           
          point and destination of each trip; and (3) the specific mileage            
          of each trip.  The trip sheet establishes that petitioner drove             
          13,950 miles in taxable year 2000.  Therefore, since petitioner             
          satisfies all other substantiation provisions of section 274(d),            
          the only issue for us to decide is whether the disallowed portion           
          of the mileage was driven for business purposes.                            
               As previously stated, respondent alleges that the disallowed           
          mileage for trips taken by petitioner to the Chapman Law School             
          Library for legal research and claimed on the trip sheet were for           
          personal reasons; i.e., to visit his family in Orange County, and           
          not for business reasons.                                                   
               Petitioner testified in response to respondent’s questioning           
          that:  (1) His family lived in Orange County; (2) approximately             
          60 of the trips or approximately 4,300 of the claimed miles on              
          the trip sheet were to Chapman Law School Library, located in               
          Orange County; and (3) there were law school libraries closer               
          than Chapman Law School Library to petitioner’s Arthur Anderson,            






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