Robert Thomas Walters - Page 4




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          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            







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Last modified: November 10, 2007