H&R Block for 1099. Lease operator.

Am I reading this right ? The IRS is auditing an EA ?
I really don't expect a response on this but although the deductions may have been legitimate fuel costs for RV haulers may look suspect when they need fuel for more almost twice as many miles as they were paid to run .

 

My tax return does not reflect anywhere that I am an EA.

That is only used on returns where I am PAID to prepare them. I do not charge myself or my wife for the preparation of the return. DUH.

The problem with the fuel on this agent, was you seem to be filling up many times and various parts of the country.

Things that she went after:

Truck cleaning supplies, paper towels, windex, febreze, air fresheners. She said these were personal.
XM radio. Personal.
Tools. Personal.
Gloves, Personal. Only protective equipment allowed was steel toed boots.

This is just a small part of what she went for.

I will ask that you provide some information as well.

When you hauled rv's where was you logging for per diem for Goshen or Elkhart?

After you provide this, I will address another part of the audit.

 

Let me share my office deduction experience, if it is not used exclusively for business they can shoot it down.

Having a room in my house used exclusively for business and a separate phone line to include a single door entry was not good enough and even with excellent representation with appeal it was shot down.

When I built my truck garage it was separate of the home and had the post office give me a address for it and that was the only way they would allow me the home office deduction, not saying it was correct or incorrect but what happened to me.

 

I didn't live at a terminal and wasn't paid perdiem so perdiem was calculated using time away from home in KY . It was never questioned .

 

Same with me until this audit. I am referring to the trucker per diem of 59.00 per day for meals.

They changed my tax home to Elkhart and wiped out all per diem there and motels. I took many 34 restarts up there.

They then stated that when I was home working on the truck, I was not performing work for my employer.

Then they decided that the drive from my residence to the Elkhart area was commuting.

 

No and Yes... once they determine what you owed, plus penalties and interest you can either pay it off or do a time payment with them. And if you do get any back on future returns they will take it.

What everyone is say, just because H&R Block did your taxes, you are the one responsible for making sure they are done right. If audited You must prove each deduction. So, I hope H&R Block spelled everything out and had proof for each deduction.

 

I had to get a letter from each employer for 2008 stating what was reimbursed and what was not. Food being the hot topic. At first they wanted all 365 days of logs. I told them no. I would make a copy and send them. But, this would cost about $150 and a week or so of OD doing copies. I asked them to move the case to the local office. Nope... finally I got them to admit to 3 pages out of my logs (copies). I send them one for each month. Then the Per Diem - prove you did not get reimbursed. The two companies ignored me, so $200 for a lawyer, got the letters... send them in,,, got another letter saying they did not like the letters because no dates... so $200 to the lawyer and got two more letters.. One company I worked for.. drivers fell under one company payroll and the trucks fell under another... A supervisor finally noticed that the same person signed the letters and put 2+2 together... 18 months later they allowed my $23,000 for per diem and other expenses.

So, back to the OP,,, go over your return and what was claimed make sure you can explain or prove why it was taken.

 

I have never heard of making an employer terminal a tax home . They don't send your mail to Elkhart , do they ? What is your address on your CDL and truck registration ?

 

My truck is licensed at my home, insured with my home address, records maintained at the home and work repairing the truck at home.

They are saying the Tax Home is there. Since all loads are there and my pay is there. They also said I call and check in there.

There was a poster here talking about tax home a couple of years ago.

This is from Revenue Ruling 73-529 which the agent is ignoring. Her comment concerning this was "move".


[FONT=&amp]Revenue Ruling 73-529 identifies three criteria to determine whether there is indeed a tax home:[/FONT]

[FONT=&amp]Whether the taxpayer performs a portion of his business in the vicinity of his claimed abode and uses it for lodging while performing business there.[/FONT]

[FONT=&amp]Whether the taxpayer's living expenses incurred at the claimed abode are duplicated because his business requires him to be away from it.[/FONT]

[FONT=&amp]Whether the taxpayer has abandoned the area in which both his traditional place of lodging and his main home are located, or whether members of the taxpayer's family live at the main home or the taxpayer often uses the home for lodging. [/FONT]

[FONT=&amp]If all three factors are satisfied, the tax home is where the taxpayer regularly lives and travel expenses can be deducted.[/FONT]

 

i did mine on turbo tax and had h and r do the free second look