According to the IRS>>>>>>>>>>>>>

Sad that you have to get an attorney. I have been fighting an IRS audit since December 2012. It is scheduled for tax court in September. Representing myself.

They are ignoring their own revenue rulings and court cases.

 

We all do our tax thing how we read the rules or how our tax man reads the rules. I have been doing this over 30 years and never been thru an audit.

Those of us who have never been thru an audit are only giving our opinion.
The only ones that can speak with any real knowledge are the poor guys that have been thru an audit.

I just hope that my luck continues

 

Get a tax lawyer as you are dealing with an idiot.

 

Hope things go well for you

 

I use ATBS out of Colorado, the peace of mind is worth every penny of the $350.00 it cost for them to do my taxes. They are transportation tax specialist. Hope this helps.

 

I do my own taxes, you can write all that cramp off without documenting it. You are allowed $59/day without receipts. I wrote off $15,340 each year, undocumented. $59x5x52...no audit concerns. And you need a new accountant if you got audited, I use turbo tax. And don't hand them any information they don't have, you can claim 5th amendment privileges on anything you think can be used AGAINST YOU, you can't be forced to give it up, don't get scared and screw yourself.

 

You are far from correct.

I have a background in accounting and income tax preparation with experience of over 20 years. Many of which were involved with major income tax audits.

I have been preparing returns since the 70's and have professionally done them since 1982.

My tax return also took the 59.00 per day as you did. The problem I incurred was the IRS changing the location of the tax home. Let me see that cheap program of Turbo Tax fight that problem.

IRS is not even following their own revenue ruling of 73-529. Which is listed below:

All the facts and circumstances of a particular case must be considered in
determining whether a taxpayer has a "home" for traveling expense deduction
purposes. The fact that a taxpayer's trade or business is of such a nature
that he has no regular or principal place of business will not preclude him
from having a "home" for traveling expense deduction purposes, but shifts
the inquiry to whether such a taxpayer has a "home" in the form of a
"regular place of abode in a real and substantial sense," or whether he is
an itinerant. Although such an inquiry basically is subjective, there are
three objective factors that may be used to determine, with respect to the
taxable year in question, the bona fide nature of a taxpayer's assertion
that his claimed abode is his "regular place of abode in a real and
substantial sense". They are:

(1) Whether the taxpayer performs a portion of his business in the vicinity
of his claimed abode and uses such abode (for purposes of his lodging)
while performing such business there;

(2) Whether the taxpayers living expenses incurred at his claimed abode are
duplicated because his business requires him to be away therefrom; and

(3) Whether the taxpayer

(a) has not abandoned the vicinity in which his historical place of lodging
and his claimed abode are both located,

(b) has a member or members of his family (marital or lineal only)
currently residing at his claimed abode, or

(c) uses his claimed abode frequently for purposes of his lodging.

The IRS claims that even though I perform work at home on the business and the work on the truck, it has nothing to do with what I am paid for. Which in their mind is driving the truck.

I own the truck and maintain it.

2 years of appeals in addition to 5 months of the audit and now have a tax court dated in September.

I am an Enrolled Agent to Practice Before the IRS and have been since 1984.

The auditor of my return stated they were looking at the entire industry and especially at the write off of meals.

 

Sorry, you are wrong. I've done my own taxes since I was 16, I am correct and have no fear of audit. You have other issues, but for the general trucker, they have no fear of an audit doing what I said. It's 100% legal and free from an audit. I wish you luck but it seems you provided them with the ammo against you, should have claimed the 5th! Or you gonna tell me you don't have that right? Don't blame them if you gave it to them. Strange, you claim the pedigree, I just have real world experience but you're getting the audit. How did that happen! Lol

And FYI, I file on 2 businesses every year, 2 gold kiosks and exotic poultry, no concerns with an audit. I'm also retired now, my 50th bday gift to
Myself!

 

The ammo you speak of is the log books.

Other items disallowed:

Cleaning supplies for the truck
Radio for truck
Safety equipment for the truck.

I managed to get these back since I asked how they cleaned their office.

The IRS tried to say that I had no home and NONE of the meals were deductible.

I was only out 256 nights.

The auditor must have been run off the road by a truck driver. From the start of the audit, she was against the industry.

By the way, I had no fear of an audit either. I actually file quite conservative on all issues.