Tax Home vs. Residence Home

Discussion in 'Trucker Taxes and Truck Financing' started by jerry_c, Sep 17, 2010.

  1. Dave'sgrl

    Dave'sgrl Light Load Member

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    Just to clarify your comment to me was please be a responsible community member and retract your comments
     
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  3. jerry_c

    jerry_c Light Load Member

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    I asked you to back up your comments with legal citations. If you've really been with the IRS for 31 years and hold some meaningful position, you would have something meaningful to contribute other than just trolling.

    That would be a valuable contribution to this forum. We could all learn something from somebody with such credentials.
     
  4. Roadmedic

    Roadmedic Road Train Member

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    I have prepared returns professionally since the late 70's. I would be very interested in your opinion and stance toward this issue.

    I am not in support of the stand taken here and feel it to be a problem on audits.

    I also would never sign my name to a return with this stand as well.

    I am not stating that legal has to supplied, but positions on their side are welcome too.
     
    Dave'sgrl Thanks this.
  5. Dave'sgrl

    Dave'sgrl Light Load Member

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    My comment was directed at the admin not you, obviously you know nothing about IRS regulations as far as their employees are concerned. I see another poster who has prepared rerturns since the 70"s had something to say asn well.
     
  6. jerry_c

    jerry_c Light Load Member

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    I've asked you before to cite that regulation. Please refer to the specific regulation from the Code of Federal Regulations that says you can't post anything so support your position, but can slam somebody else's.

    The poster who's prepared returns since the 70's has posted no legal authority to support his position, nor has he posted anything that rebutted mine. The best he's come up with is something to the effect of "this is the way we've always done it and it's worked." That doesn't mean it's the best way to do it, or that it will always hold up.

    Nonetheless, as least he's given something to support his position. That's more than can be said for your posts.

    His position is, in essence, that the trucker has no business tax home because his main place of business (post of duty) is "in the truck." [FONT=DejaVu Sans, sans-serif]Revenue Ruling 54-497 (1954-2 C.B. 75, 77) concluded that railroad employees' [/FONT][FONT=DejaVu Sans, sans-serif]"[/FONT][FONT=DejaVu Sans, sans-serif]post of duty[/FONT][FONT=DejaVu Sans, sans-serif]"[/FONT][FONT=DejaVu Sans, sans-serif] is not aboard the train, but at the terminal.

    In [post=
    [/FONT]1578748[FONT=DejaVu Sans, sans-serif]]Mr. Brown's legal opinion[/post], there's an analysis which shows that, while there are some differences in the occupations, they would not have a bearing on the tax home issue. Therefore, following that logic, the post of duty for a truck driver with a home terminal would be at the terminal, not in the truck. Example 1 in Publication 463 comes to the same conclusion.

    [/FONT]
    [FONT=DejaVu Sans, sans-serif]
    Perhaps you have some legal authority that would come to another conclusion, or even another IRS publication. Please post it, or the regulation that would prohibit you from doing so. That would be helpful to us all. Until then, I have serious doubts about your credentials.
    [/FONT]
     
  7. Dave'sgrl

    Dave'sgrl Light Load Member

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    Interesting reading, Alvin Brown tax attorney bad experience from past client, oh just in case your wondering about this, I found it on the internet from
    Michael A Fitzgerald ( MNJGroup@gmail.com )

    Quote:
    All this after Mr. Brown touted himself to me as someone who would fight for my case and appeal their decision if my offer was denied. Mr. Brown represented that he knew the law better than most of the IRS case workers and that in the end they would have no choice but to accept a figure consistent with what I could afford to pay. NOT THE CASE.
     
    Last edited: Dec 17, 2010
  8. jerry_c

    jerry_c Light Load Member

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    It appears that you can't rebut anything I've said with anything to back it up, so you now resort to personal attacks. I researched Mr. Brown before I associated with him. That was the only unhappy client post I found.

    If you really do work for the IRS, you know how many other tax attorneys have many more. Even with the best attorneys, the IRS doesn't always rule the way taxpayers would like.

    So far, you have done nothing to document your credentials, and consistently reinforced the conclusion that your posts are trolling.
     
  9. Lilbit

    Lilbit Road Train Member

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    The personal bickering in here needs to stop. You have been asked before.
     
    123456 Thanks this.
  10. Pinoy51563

    Pinoy51563 Light Load Member

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    That is so true. Missouri is trying to go after me for back state income taxes. And I never lived in Missouri or had a CDL in that state. But the company I worked for was based out of that state.
     
  11. phantomblonde

    phantomblonde Bobtail Member

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    Jerry, what was your source of information for your message? Was it Federal Income Tax document? Please let us all know where we can read more about HOME STATES. Thanks.
     
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