Cell phone write off ?

see, thats why you need to take another driver with you and discuss trucking business while you at the movie, lol

 

Why? We can do it here. That's why it's called a discussion forum. Between a dozen heads, we can figure things out.

Besides, I don't want the fat mooch eating my popcorn.

 

Here is the letter I wrote to Mr. Turner last night;
From: JLKKLJ777
Sent: Thursday, February 23, 2012 8:05 PM
To: John Turner
Subject: Entertainment deductions for OTR truck drivers.

Dear Mr. Turner. I am a Sirius Satellite radio subscriber and have been listening to you for several years now. You offer some great advice and based on your understanding of the the IRS regs I feel confident that you can clear up a discussion I am having with another driver on the Truckers Report trucker forum.
The discussion can be viewed at the following link in the proper context;

http://www.thetruckersreport.com/truckingindustryforum/trucker-taxes/170243-cell-phone-write-off-3.html#post2444885

I try to offer other drivers the best answers possible when it comes to tax questions and cite the appropriate regs and offer links so others may read for themselves what the rules actually say. When someone is unsure of the regs I do advise them to contact a reputable CPA such as yourself.

Here is the link I offered in the discussion to explain that entertainment deductions must meet certain criteria to be permitted as a deductible expense;

http://www.irs.gov/publications/p463/ch02.html

Another user believes that a driver may in fact claim "entertainment" expenses and uses the following quote to substantiate his argument;

In general, you can deduct only 50% of your business-related meal and entertainment expenses. (If you are subject to the Department of Transportation's "hours of service" limits, you can deduct 80% of your business-related meal and entertainment expenses. See Individuals subject to "hours of service" limits , later.)

I believe he has taken this quote out of context and believe that unless a driver is engaged with clients that could affect his/her business, routes, or rates the IRS would in fact disallow any deduction claimed.

The example I use; a driver on his off duty time would not be able to deduct the cost of going to a theater or a movie, buying a cd/movie/video game for his/her personal entertainment.

If I am incorrect in this interpretation please let me know so I may retract my statement and offer the correct advice in the forum.

I appreciate your help and look forward to hearing from you;

Here is Mr. Turners response unedited;

Jason,

You are correct. The other blogger erred by adding the words "and entertainment expenses" to the quote from the IRS website.
There is, however, a point from the IRS website that should be clarified. It says that transportation to a business meal is not subject to the 50% reduction. This is true only if the per diem deduction is for meals only and not the rate for meals and incidentals. The meals only per diem for the transportation industry is $56 and incidental expense per diem is $3 for a total of $59 which is subject to the reduction to 80%. Incidental expenses have been defined in a Rev. Proc. as including transportation expenses to and from the business meal. Therefore, for the transportation expense to be 100% deductible, one must forego the $3 incidental per diem.

Best regards,

John E. Turner, CPA

 

that way its a business expense, if ya talk about it here , i am about positive it isnt deductable.

 

and it should be pointed out mr. turners reply is geared more to employees, if a owner op or authority holder filing schedule c things could be different in many respects.

when discussing these it needs to be made clear whether you are talking employee or o/o

 

He needs to look at that again because I quoted it word for word both from your source and from the longer version on the IRS website. Look for yourself and see.

He also forgot to mention that the rate jumps to $65 per day if you set foot outside the country (all you canada runners take note.)

 

I explained that to you as to why it is worded that way.

 

And this guy claimed I added in words. So he needs to go read what he's talking about, like I said.

 

Between you and him then.

 

I believe the answer is unless you are an independent cotractor or owner operator and "entertaining" potential clients that could result in further business dealings your out of luck as far as the entertainment deduction.

Not trying to upset you kajidono just trying to make sure the company drivers reading this thread dont try to write off their movie theater tickets or video games.

Taking the entire entertainment section in context it leads me to think it is a gimmick for business owners rather than a free deduction for company drivers having fun while off duty away from home.