- 20 - Taxpayers may use a standard mileage rate established by the Internal Revenue Service in lieu of substantiating the actual amount of the expenditure. See sec. 1.274-5(j)(2), Income Tax Regs. The standard mileage rate is generally multiplied by the number of business miles traveled. See Rev. Proc. 2002-61, 2002- 2 C.B. 616 (in effect for transportation expenses incurred during 2003). The use of the standard mileage rate establishes only the amount deemed expended with respect to the business use of a passenger automobile. Sec. 1.274-5(j)(2), Income Tax Regs. The taxpayer must still establish the actual mileage, the time, and the business purpose of each use. Nicely v. Commissioner, T.C. Memo. 2006-172; sec. 1.274-5(j)(2), Income Tax Regs. Petitioners introduced an appointment calendar for 2003 to support their business mileage deductions. Mr. Soholt kept the calendar in his car during 2003 and made handwritten notations of the total mileage incurred on days when he had to travel for business. Mr. Soholt calculated the mileage by determining the difference on the odometer from the beginning of the day to the end of the day. Mr. Soholt acknowledged, however, that the daily odometer readings also possibly included non-business trips he made during the day. Although we recognize the efforts Mr. Soholt made to record his daily mileage, we are constrained to find that petitioners failed to satisfy the strict substantiation requirements.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: November 10, 2007