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39 T.C.M. 215

Blackburn v. Commissioner

United States Tax Court

Decided September 24, 1979

United States Tax Court · decided 1979-09-24

Decided 1979-09-24

RAY C. BLACKBURN, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent.
Blackburn v. Commissioner
Docket No. 8022-74.
T.C. Memo 1979-391; 1979 Tax Ct. Memo LEXIS 128; 39 T.C.M. (CCH) 215; T.C.M. (RIA) 79391;
September 24, 1979, Filed
Ray C. Blackburn, pro se.
Larry L. Nameroff, for the respondent.

HALL

¶1SUPPLEMENTAL MEMORANDUM FINDINGS OF FACT AND OPINION

¶2HALL, Judge: A Memorandum Findings of Fact and Opinion (T.C. Memo. 1979-266) was filed in this case on July 17, 1979.Subsequently we ordered that certain exhibits previously stricken from the record and excluded from consideration by the Court be restored to the record in this case.

¶3On August 20, 1979, petitioner filed a Motion for Reconsideration of Opinion asking the Court to consider the record as restored and to revise its prior memorandum opinion. Upon due consideration, petitioner's motion will be granted, which necessitates the following supplemental findings of fact and opinion.

¶4SUPPLEMENTAL FINDINGS OF FACT

¶5Petitioner expended $11.65 in 1967 and $10.80 in 1970 for*129 gasoline tax.

¶6SUPPLEMENTAL OPINION

¶7In our original opinion we concluded that petitioner had not presented any evidence as to the amount paid for gasoline tax during 1967 and 1970. Petitioner has now demonstrated that he paid $11.65 in 1967 and $10.80 in 1970 for gasoline tax. Accordingly, we hold that petitioner is entitled to deduct $11.65 in 1967 and $10.80 in 1970 under section 164, Internal Revenue Code of 1954, as amended.

¶8An appropriate order will be entered granting petitioner's motion for reconsideration and our original opinion is revised in accordance with the above discussion. A reconsideration and review of all the evidence convinces us that our original opinion with respect to the remaining issues in this case was correct.

¶9Decision will be entered under Rule 155.

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