Lawrence K. and Ruth L. Harrell - Page 15

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         shows that her round trip travel to those interviews was 28.02               
         miles per trip, for a total of 84.06 miles.  Petitioners did not             
         present receipts for the actual cost of this travel, but we may              
         apply the standard mileage rate to determine the allowable                   
         deduction.4  The standard mileage rate for 2002 was 36.5 cents per           
         mile, so that the total allowable deduction amounted to $30.68.              
              Unlike the work search record, Mrs. Harrell’s travel log was            
         not prepared contemporaneously with the purported travel and                 
         appears inaccurate in some respects.  The travel log includes                
         entries that do not appear on the work search record that was                
         prepared contemporaneously for unemployment compensation purposes.           
              The job seeker, in preparing the work search record, is                 
         exhorted to document each employer that had been contacted, and              
         those records (certified by Mrs. Harrell) contain only three                 
         reports of job interviews.  Yet the travel log indicates that she            
         attended eight interviews and traveled on more than 80 occasions,            
         for a total of more than 5,000 miles, to apply for jobs.  We find            
         that the travel log is unreliable and does not constitute adequate           


               4The standard mileage rate is a matter of administrative               
          convenience by which a taxpayer may compute the amount of                   
          deductible automobile expenses using a standard rate rather than            
          separately establishing the amount of an expenditure for travel             
          or transportation.  Sec. 1.274-5(j), Income Tax Regs., in part,             
          grants the Commissioner the authority to establish a method under           
          which a taxpayer may use mileage rates to substantiate, for                 
          purposes of sec. 274(d), the expense of using a vehicle while               
          traveling away from home.  See Rev. Proc. 2001-54, 2001-2 C.B.              
          530.                                                                        





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