- 16 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: March 27, 2008