John C. and Joan F. Stukes - Page 10




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          Thus, petitioners have substantiated that they spent $324.99 for            
          maintenance and repair of the truck.                                        
               The deduction for automobile expenses based on the standard            
          rate may be used only in lieu of all operating and fixed costs of           
          the automobile allocable to business purposes such as                       
          depreciation, maintenance and repairs, tires, gasoline (including           
          all taxes thereon), oil, insurance, and license and registration            
          fees.  See sec. 1.274-5(j)(2), Income Tax Regs.; Rev. Proc. 2001-           
          54, 2001-2 C.B. 530.  As stated previously, petitioners are                 
          entitled to a deduction based on the standard rate.  This amount            
          ($864.32) exceeds the amount of the deduction to which                      
          petitioners would be entitled for the corroborated maintenance              
          and repair of the truck ($324.99).                                          
               On Schedule F of their 2002 return, petitioners claimed $850           
          of expenses for purchase of chemicals for use on their farm.                
          Petitioners’ mileage log, described supra, indicates that                   
          petitioners purchased chemicals from Home Depot on various                  
          occasions in 2002.  Petitioners’ bank records establish that                
          payment was made to Home Depot at or near the date indicated by             
          petitioners on nine occasions.  The total amount of these                   
          purchases was $491.  Consequently, we hold that petitioners are             
          entitled to a deduction of $491 for farm chemicals.                         
               Other amounts petitioners claimed as deductible farm                   
          expenses and disallowed by respondent include custom hire                   







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Last modified: November 10, 2007