Mileage log, lack of

[John3cpa]

Deceased TP (DOD Jan 06) has 3 years open 02, 03 and now 05. Was outside wholesale lighting salesman. I did his joint return before his divorce to my continuing client from 95-01. He always gave me his business mileage figures written on the organizer which would be in the 25k range. 04 return done by H&R***** shows about the same miles. Ex wife recomended me to executor to prepare these returns. She sorted through his records and brought me his stuff and...you gueseed it, no mileage log or even appointment book for any year found. And of course the written record box has always been checked.

Ideas? Dare we file with written record box unchecked?

[ecb34691]

I've seen an IRS letter to a client saying if he didn't have a mileage log, reconstruct before you come in for the audit. I'd do a "reasonable guesstimate" and let it go.

[taxmandan]

Mileage

If the amount of income/expenses for each year were close to the years you know about, I would go ahead and claim a similar mileage. Reconstructing an estimate of miles based on previous records and business activity would be acceptable in the circumstances.

[Snaggletooth]

Written Log

In all honesty, most of my clientele do not keep logs. However, before I answer the question "yes" for the written record, I will reconstruct a record. For example, a basketball coach doesn't keep a log, but at the end of the year, he knows where he has gone on his basketball schedule and scrimmage schedule, etc. So we DO have a record, and in his case it can even be supported by public records.

The question asks, "Do you have a written record" it does not ask "Do you have a log."

In contrast, if a farmer lives 8 miles from town, and he tells me he usually makes two trips a week to town, I WILL deduct mileage, as I was raised on a farm and knowledgeable enough to realize this is necessary. I will answer "NO" however, to the question asking about the written record.

[veritas]

Thats why we need smiles turned on.

[jainen]

Having some experience

>>Man is it hard to get sarcasm across with the written word.<<

Having some experience with that selfsame frustration, I hereby offer my critique and advice. I think you did pretty good. The absolute "all" was a nice touch near the end to tip off anyone who hadn't got the joke by then. Contemporaneous is a fine, funny word, almost a laugh by itself both in sound and meaning. A little slow at the start, you could have punched up the first half dozen words or so. I'm sure you already realize you gave up too soon and threw away the chance to set a trap with the title. Perhaps it wasn't your best effort, Matt, but it was better than anything else we had this afternoon!

[S T]

Mileage Records

In several audits, the auditor has allowed reconstructed mileage records with vehicle repair receipts which will indicate odometer readings. From there we have used calendars, appointment books, or any other form of notation to substantiate the business use.

S

[JON]

Auditor reconstucted

They will accept samples. Depending on the auditor. Use calendars, appoinmtment books and come up with something. Why would you want to reconstruct it with the AUDITOR?????????/

[Snaggletooth]

Clash of the Titans

Well folks, here we have it! It had to happen sooner or later. By popular demand, Matt and Jainen on the same post! Each colossal egotist has his own fans.

Sova sends out a girl in a skimpy outfit holding up a card that says "Righter than Right." Jainen steps up to receive a grammy award for the song he wrote for his wedding day, "Here comes the Groom, Lighting up the Room."

Two Midwest Titans reminiscent of the "Little Brown Jug" being played out right here on the TaxBook message board! Somewhere out in the crowd is Black Bart, although he's been quiet lately -- I think he's behind on his payoffs to the Big Boys or else ducking his parole officer.

We haven't seen these two go at each other yet, though. If that happens, that means one of them will have to be WRONG (perish the thought).

[Matt Sova]

Exactly

You see Snag, Jainen and I are always right. Why, you ask? Because we are men.

(The views expressed by Matt Sova are not the views of The Tax Book or it's authors. Please forward all threats of great bodily harm to Mr. Sova).

[BP.]

Youse guys are funny! (What, I'm from Philly.) When my magnetic Brookstone pen, or my mini flashlight in the shape of a pig, or my tropical fish mobile, or other silly desktop accoutrements fail to amuse, you supply the necessary laughs/tax advice. And the two are blending together at this point. Besides the Matt/jainen stuff, another favorite was when Burton and jainen began their posts stating agreement/disagreement with each other. So helpful for those of us on the sidelines.

[MIleagePal]

If you need to generate a mileage log, check out this site:

http://www.mileagepal.com

Pete