Gary Lee Colvin - Page 32




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          business miles traveled.  The use of the standard mileage rate              
          establishes only the amount deemed expended with respect to the             
          business use of a passenger automobile.  Id.  The taxpayer must             
          still establish the amount (i.e., business mileage), the time,              
          and the business purpose of each use.  Id.                                  
               Petitioner claimed a car and truck deduction of $6,033 on              
          his 2000 Schedule C.  Respondent allowed only $780 of the claimed           
          deduction.  At trial, petitioner produced little additional                 
          documentation.  Petitioner was unable to identify which of his              
          two vehicles, the Volkswagen or the Honda, was “Vehicle 1" on his           
          Schedule C.  Petitioner explained that he arrived at his total              
          mileage figure of 18,200 by estimation based on his fuel                    
          expenditures for taxable year 2000, divided by the average miles            
          per gallon for his two vehicles.19  Petitioner has failed to meet           

               19Petitioner claims that he spent $1,661.47 on gasoline (87            
          octane) in 2000.  Petitioner determined, from unspecified public            
          records, the average price of gasoline in California for 2000 to            
          be between $1.30 and $1.60 per gallon.  Petitioner then                     
          determined that the average miles per gallon, combining street              
          and highway, for his two cars was between 30 and 32 miles.                  
          Petitioner took his total gas expense, divided it by the average            
          cost of gas per gallon, and then multiplied it by the average               
          miles per gallon of his two cars, which came to approximately               
          32,000 miles traveled. Petitioner then testified that he assigned           
          approximately 12,000 miles to personal use, and approximately               
          18,000 to business-related use.                                             
               Petitioner was required to use a standard mileage rate                 
          established by the IRS in lieu of establishing the actual amount            
          of his expenditure.  See sec. 1.274-5(j)(2), Income Tax Regs.               
          The business standard mileage rate for the 2000 taxable year was            
          32.5 cents per mile.  Rev. Proc. 99-38, 1999-2 C.B. 525.                    
                                                             (continued...)           






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