Timothy A. Runels and Emma Valdivieso Runels, et al. - Page 17




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          service.  As part of the reconsideration of 2004, the TCO                   
          computed an “allowable amount” for 2003 but made no change to the           
          original adjustment to the 2003 return denying any depreciation             
          deduction.  Respondent has conceded that petitioners are entitled           
          to a depreciation deduction of $2,835 for 2003.                             
               Two months before trial, Mrs. Runels sent to respondent’s              
          counsel electronic facsimiles of documents represented to be                
          worksheets recording where Mr. Runels had to be for his job and             
          the pallets he picked up and “mileage books we have been keeping            
          since 2005.”  The documentation was ostensibly for November and             
          December of 2003, for January of 2004, and for 2007.  About a               
          month before trial, petitioners sent to respondent’s counsel                
          copies of work logs for 2003 and 2004.  At trial, Mr. Runels                
          testified that the belatedly submitted records of business                  
          mileage were reconstructions rather than contemporaneous records.           
          He described them as “rough estimates of what we did.”                      
               The Court finds that petitioners failed to provide                     
          corroborative evidence to support their reconstruction of the               
          elements of use.  See sec. 1.274-5T(c)(1), Temporary Income Tax             
          Regs., supra.  Petitioners are entitled to deduct depreciation              
          for 2003, as conceded by respondent, but have otherwise failed to           
          show that they are entitled to deduct automobile expenses greater           
          than those allowed by respondent.                                           








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