Daniel P. and Glenna J. Marple - Page 7




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          job.  The distance from Mr. Marple’s residence in Burlington to             
          the Mount Storm job site, via the most direct driving route of              
          Burlington to New Creek, West Virginia, to Bismarck, was 32                 
          miles.  Mr. Marple would go to the Mount Storm job site by first            
          driving to Keyser, West Virginia (Keyser), where he would stop at           
          a Sheetz station to buy gas for his truck and breakfast.  The               
          Sheetz in Keyser was not the only gas station available to Mr.              
          Marple; however, he preferred this station to those closer to his           
          home or on the more direct route to the Mount Storm job site                
          because of, among other things, the price of the gas and the                
          quality of the food.  As a result of first driving to the Sheetz            
          in Keyser and then to the Mount Storm job site, Mr. Marple drove            
          51 miles from his residence in Burlington to the Mount Storm job            
          site on the mornings he reported to work during the year in                 
          issue.  Mr. Marple did not receive any reimbursement from API or            
          Local 100 for his travel or meal expenses incurred in working on            
          the Mount Storm job.                                                        
               For taxable year 2002, Mr. Marple recorded his daily                   
          business mileage on a calendar.  On each working day, Mr. Marple            
          wrote down on the calendar the number of miles he drove from his            
          residence to a job site and then back.  Mr. Marple considered               
          himself “out of town”, for the purpose of deducting business                
          mileage, at a distance of 45 to 50 miles from his residence in              
          Burlington.                                                                 







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Last modified: November 10, 2007