Theodore L. Sizelove, Sr. and Elaine J. Sizelove - Page 14




                                       - 13 -                                         
          The taxpayer may substantiate the amount of mileage by adequate             
          records or sufficient evidence that corroborates his statements.            
          See sec. 274(d).  A record of the mileage made at or near the               
          time of the automobile’s use that is supported by documentary               
          evidence has a high degree of credibility not present with a                
          subsequently prepared statement.  See sec. 1.274-5T(c)(1) through           
          (3), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6,                
          1985).  If the amount is not substantiated by adequate records or           
          sufficient corroborative evidence, then it is disallowed.  Sec.             
          274(d).                                                                     
               Petitioners did not submit any evidence to substantiate the            
          amounts of the expenditures or business mileage.  At trial, Mrs.            
          Sizelove testified that respondent “brought to my attention that            
          we deducted the depreciation [twice, which Mr. Sizelove                     
          guesstimated, and] the only thing I can say is * * * we did                 
          everything honest and above-board”.                                         
               Because the Court has determined that Mr. Sizelove was not             
          an employee of the club, it follows that petitioners are not                
          entitled to a deduction for the portion of the vehicle expenses             
          attributable to the club.  As to the portion of the vehicle                 
          expenses related to Mr. Sizelove’s employment at the liquor                 
          store, petitioners did not provide any evidence that satisfies              
          the strict substantiation requirements of section 274(d), and               
          therefore, they are not entitled to deduct it.  Accordingly,                







Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: March 27, 2008