- 33 - 2003. The depreciation deductions alone exceed the amounts petitioners could deduct using the standard mileage rate. The deductions computed under the standard mileage rate are in lieu of separate deductions for depreciation and actual operating costs. Since petitioners are allowed a greater deduction for actual costs, they are not allowed a deduction for transportation costs using the standard mileage rate. See, e.g., Tesar v. Commissioner, T.C. Memo. 1997-207; Velinsky v. Commissioner, T.C. Memo. 1996-180. In addition to the allowable deduction of $7,000 for depreciation of the truck for each year in issue, petitioners are entitled to deduct fuel expenses of $303.75 for 2001, $168.22 for 2002, and $264.84 for 2003. D. Accuracy-Related Penalties Respondent determined accuracy-related penalties against petitioners under section 6662(a) for the years in issue. Section 7491(c) places on the Commissioner the “burden of production” with respect to a taxpayer’s liability for any penalty, addition to tax, or additional amount (collectively, penalty). In order to satisfy the burden of production under section 7491(c), the Commissioner must produce evidence that it is appropriate to impose the relevant penalty. Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Once the Commissioner has met this burden, the taxpayer must come forward withPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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