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

You need a new lawyer, he should have advised you to not hand over logs under 5th. That was a mistake, 30yrs of doing this, id have thought you'd have known better and would have instructed lawyer. If you don't have a lawyer, bigger mistake! I understand people get scared and intimidated dealing with its, but that's when you need to be on your "A" game and not give in. And why a lawyer is necessary.

 

How do you prove your time away from home with out logs.

In addition, they wanted to know each location for the night. Logs were easier and supported other expenses as well.

In all of the years of doing this, never had an attorney on any audit I have ever been on.

Still do not have one and have been in contact with the IRS attorney for the case in September.

 

Did a lawyer advise you to give them to them? If not, I'd call one, you need one. If so, call another! Lol I'm serious man, I deal with them regularly over my gold crap, I am not compelled to give them anything, they have burden to prove my numbers wrong, not me to prove them right, that is what your lawyer would tell you. My return is my return, they have to prove its incorrect, giving them the ammo to do that, never.

 

Answer the question.
What do you use to prove you are away from home?

Your logs, right?

It was just a simple IRS review.

 

You don't need to prove it, they need to prove you were at home. Burden is on them, not you. Don't have a lawyer huh? I'd call one, you may have already F'd up.

 

Most of the lawyers were going to charge far more than what the tax result would be if lost.

My fight is nothing more than the ISSUE and not the tax.

 

I thought you said you were being audited? Now I'm confused. I'll bow out of conversation, something is missing here. Good luck!

 

anybody can write off anything until the audit hammer comes down
most make the mistake of "i did it last year"
thinking it was ok
every year the IRS audits only a fraction of the returns

turbo tax my bum

 

The first notice of the audit was received in October 2012. My wife told me when I called to let her know I was back in the states from the trip to Newfoundland. She gave me the number for the auditor.

I contacted her and it was only an audit of the trucking business, not the tax business nor the rest of the tax return. They were wanting to see receipts and such for large expenses.

These expenses were:
Repairs and Maintenance
Fuel
Meals while traveling

I am a self employed owner operator. In the initial meeting, in December 2012, she disallowed gloves even. I told her I had some chains she could handle in the truck. It was only 5 degrees outside and she let me have them.

She asked if there was a home phone and I said yes. She then passed over the cell phone bill.

She went directly to the major expense of fuel. She stated I must be driving all over the country since the fuel was everywhere. She finally understood that.

She went after all of the expenses and I got almost all. She felt the cleaning supplies and windex were personal. She disallowed the XM Radio even.

No question on showers and then went directly for the meals.

The audit was over in 2 hours. I received the items in a letter 30 days later and then went forward over the time.

They tried to say I was an employee. Had to forward a copy of the lease and explanation from the company.

The appeals officer supported the stand and tried to state I was a person without a home. It was his goal to pursue that I would just pay and not go further.

It was then that I decided it was the principal of the issue more than anything else. They were assessing huge preparer penalties as well.

I spent over 2 years with the appeal process and even supplied court cases. He claimed I was not home like the one I provided where the IRS lost. I was out 25 or so days more than he was and he did not work on a vehicle when home.

In truth, they were just pointed on the fact that they wanted to get me to pay and go for it.

 

Update on my case. It is over. IRS dropped the Tax Home issue.

Only took almost 3 years from the IRS audit notice.