- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: March 27, 2008