Akin Falodun - Page 13




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               Later, on cross-examination, the following colloquy took               
          place between respondent’s counsel and petitioner, which further            
          illuminates the inadequacies of the log:                                    
                    COUNSEL:  Turning your attention to the mileage                   
               for the automobile, how was the total mileage                          
               calculated?                                                            
                    PETITIONER:  It was an estimate.  It was an                       
               estimate.  Actually, when I go to the place where I                    
               was--okay, I try to remember the mileage at the                        
               beginning because I didn’t complete this here, so I                    
               didn’t have an accurate--so it was an estimate.                        
                    COUNSEL:  And the mileage did not pertain to your                 
               work at Hughes Television Network?                                     
                    PETITIONER:  No.  I mean some of those would have                 
               been part of it.  You know, what I did was I just                      
               looked at the--try to remember my mileage at the                       
               beginning of the year and the end of the year.  So some                
               of it probably, you know, I might not have taken into                  
               account my drive to work.                                              
               As previously discussed, no deduction under section 274(d)             
          is allowable for expenses incurred in respect of a passenger                
          automobile on the basis of any approximation or the unsupported             
          testimony of the taxpayer.  E.g., Golden v. Commissioner, T.C.              
          Memo. 1993-602.  In addition, it is clear that, as a matter of              
          law, a taxpayer’s cost of commuting between the taxpayer’s                  
          personal residence and place of employment is a nondeductible               
          personal expense.  Commissioner v. Flowers, 326 U.S. 465, 473-474           
          (1946); secs. 1.162-2(e), 1.262-1(b)(5), Income Tax Regs.                   
               In contrast to commuting expenses, expenses incurred in                
          traveling between two places of business are deductible, Heuer v.           







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