David and Gail Vigil - Page 16




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               On their Schedule C, petitioners claimed a deduction for               
          parking fees and tolls and for the business use of their personal           
          automobile calculated using the standard mileage rate.  In                  
          addition to these travel expenses totaling $12,347, petitioners             
          also claimed car and truck expenses of $17,199.  Mr. Vigil                  
          testified that the car and truck expenses claimed represent his             
          purchase of tires, valves, and three transmissions for their                
          automobile in 2001.4  Apart from this testimony, petitioners                
          introduced no evidence to support the deductions claimed for                
          mileage, parking fees and tolls, or vehicle repair expenses.                
          Petitioners offered no documents or testimony with respect to the           
          claimed deduction for meals, other than to state that they were             
          responsible for their own meals when teaching and ministering and           
          that they charged the meals to their credit cards.5                         


               4 Taxpayers may choose to compute vehicle expenses using               
          either the business standard mileage rate or their actual                   
          operating and fixed costs, such as repairs, tires, gasoline,                
          insurance, depreciation, etc.  Even with proper substantiation,             
          taxpayers may not deduct both standard mileage and actual                   
          expenses.  Nash v. Commissioner, 60 T.C. 503, 520 (1973); Rev.              
          Proc. 2000-48, sec. 5.03, 2000-2 C.B. 570, 571.                             
               5 Mrs. Vigil testified that they have five children, the               
          youngest of whom was 20 in 2001.  The children traveled with                
          petitioners when Mr. Vigil ministered away from home, at least              
          until each child married.  Because we conclude that petitioners             
          have not adequately substantiated their claimed deduction for               
          meals, we need not, and do not, decide the extent to which the              
          added costs of feeding and traveling with his family are                    
          legitimate business expenses for Mr. Vigil as opposed to                    
          personal, living, and family expenses rendered not deductible by            
          sec. 262.                                                                   






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