Gary Lee Colvin - Page 30




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          F.2d 540, 543-544 (2d Cir. 1930); Vanicek v. Commissioner, 85               
          T.C. 731, 742-743 (1985); Sanford v. Commissioner, 50 T.C. 823,             
          827-828 (1968), affd. per curiam 412 F.2d 201 (2d Cir. 1969);               
          sec. 1.274-5T(a), Temporary Income Tax Regs., 50 Fed. Reg. 46014            
          (Nov. 6, 1985).  In these instances, the Court is permitted to              
          make as close an approximation of the allowable expense as it               
          can, bearing heavily against the taxpayer whose inexactitude is             
          of his or her own making.  Cohan v. Commissioner, supra.                    
               C. Automobile Mileage                                                  
               Pursuant to section 162, expenses relating to the use of an            
          automobile that a taxpayer pays or incurs while commuting between           
          the taxpayer’s residence and the taxpayer’s place of business or            
          employment are not deductible because such expenses are personal,           
          and not business, expenses.  Sec. 1.162-2(e), Income Tax Regs.              
          Automobile mileage deductions are also subject to the strict                
          substantiation requirements of section 274(d).  Where petitioner            
          shows that his automobile expenses satisfy the requirements of              
          section 162, but fails to establish that his records satisfy the            
          heightened substantiation requirements of section 274(d), the               
          expenses will not be allowable.                                             
               Section 274(d) applies to:  (1) Any traveling expense,                 
          including meals and lodging away from home; (2) entertainment,              
          amusement, and recreational expenses; or (3) the use of “listed             
          property”, as defined in section 280F(d), including personal                







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