- 3 -
unless the taxpayer substantiates: The amount of the expense,
the time and place of the use of the property, the business
purpose of the expense, and the business relationship to the
taxpayer of the property used. A taxpayer may opt to use the
standard mileage rate to calculate his business expense mileage
deduction. Sec. 1.274-5(j)(2), Income Tax Regs. This method
does not, however, relieve the taxpayer of the requirement to
substantiate the business mileage and the business purpose of
each use. Id.
Petitioner’s truck is a passenger automobile, which is
listed property pursuant to section 280F(d)(4)(A)(i) and (5)(A).
Petitioner contends that his job worksheets, listing a total of
2,683 miles, and his truck log, listing an additional 27,120
miles, properly account for all of his 2002 business mileage.
Respondent concedes that the job worksheets meet the requirements
of section 274(d), but contends that the additional mileage set
forth in petitioner’s truck log does not meet the requirements of
section 274(d). Petitioner contends that the truck log
supplements the job worksheets. The truck log, however, does not
provide any information relating to the places to which
petitioner drove or the business purpose for the trips.
Moreover, the truck log is not credible evidence. When
questioned about miles he allegedly drove on Thanksgiving,
petitioner admitted that the entry was “probably a mistake”. In
Page: Previous 1 2 3 4 5 Next
Last modified: November 10, 2007