- 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 NextLast modified: March 27, 2008