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

Discussion in 'Trucker Taxes and Truck Financing' started by striker, Apr 7, 2015.

  1. alien4fish

    alien4fish Light Load Member

    Good lord, what a nightmare.Thanks for sharing!
     
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  3. xiipercent

    xiipercent Medium Load Member

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  4. xiipercent

    xiipercent Medium Load Member

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    That right there above- Just had my CPA go thru an audit today for years 2011 and 2012-
    there saying because I did not maintain a residence in NY- my address at that time was manhattan- , I wont be able to claim the per diem(in 2011 I ran team for CRST with my own tractor and ran 342 days-200,000 mile-271k gross-) (lets not make this about anything other than the facts)
     
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  5. Brandonpdx

    Brandonpdx Road Train Member

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    get the hell out of NYC and go over to NJ. You'll save a ton in taxes.
     
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  6. Mark Kling

    Mark Kling Technology Contributor

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    She is right.. on the days you leave/return, no matter what the time, it is a partial day. Only days you are gone 24 hours are full days.
     
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  7. striker

    striker Road Train Member

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    Yes, but, if you read the IRS manual, it clearly states that if "by industry standard, it would be a full day or calculated differently, then it can be claimed as such". Think about the trucking world and just this forum, how many posts are there where the company tells you that you have three days off, you get home at 11pm on Friday, and they expect you to be ready to head out at 12:01 am Monday, telling you that Friday counted as your first day. That was my logic to her, now I am still awaiting the recalculations on the amount owed, should be getting it any day now.
     
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  8. Brandonpdx

    Brandonpdx Road Train Member

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    It sounds pretty cut and dried to me. If you woke up at home or went to bed at home but worked that day it's only a partial day for per diem purposes.
     
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  9. akernos

    akernos Bobtail Member

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    Tax Professional here. Typically, your showers would fall under your incidental expenses like tooth paste and toiletries and are considered part of your per diem allowance.
     
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  10. striker

    striker Road Train Member

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    If you read the IRS pubs regarding incidental expenses, your wrong. I based it on IRS Pub. 463(2014) and "The IRS Meaning of Ordinary and Necessary Business Expenses", from the Accountants CPA Hartford, an article I found online. The original examiner tried to make this case, but as I pointed out the appeals officer, if I was at home, I would be taking a shower, it also fall into the category of sanitary, health and safety.

    Spoke with the IRS appeals officer today, my original tax owed, from the audit performed by the examiner was just shy of $4,500. Based on my visit to the appeals officer, her acceptance of my logic and recalculations thereof, following the IRS rules, I now owe $1,780 in tax, interest and penalties, the $1,780 is because of medical deductions that I cannot prove, either lost or missing receipts, or calculation errors on my part. ALL items claimed on my 2106 were accepted in full except Sirius and cellphone, those were pro-rated per IRS guidelines. Sirius was allowed at 20% of the total bill for that unit. Cellphone was adjusted based on actual business use as a percentage of the total bill.
     
    Last edited: Aug 22, 2016
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