James A. and Joan H. Soholt - Page 21




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               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.                   







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