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Subject Author Date
Unpaid Overtime vmoeller 03-17-2008
Posted by vmoeller on March 17, 2008, 9:59 pm
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I am a music contractor for a local high school. My position is
renewed annually. I was hired last fall with the understanding that I
had to provide free piano accompaniment for the high school's annual
musical. I agreed, based on what I had done during the 2006-07 school
year, which amounted to 2 or 3 extra 2-hour rehearsals per week for 3
months (Nov-Jan) until 2 weeks before opening, and then rehearsing
nearly every night for those 2 weeks. I figured I could live with
that again.

However, THIS year (07-08), the show was Peter Pan, which required
rental of a massive wire-set Peter, Wendy, et al, used to fly around
the stage. The set was available for only a very short window of time
which meant that our 3 month preparation time was cut in half, and I
ended up doing 2 or 3 extra 2-hour rehearsals per week for November
and December, and then rehearsing nearly every night for 1 month.
This cut into my piano teaching time, and I lost about $400 on that.
So not only did I not get paid for my overtime work, I actually lost
money on the deal. This won't happen again next year!

So, is there any way possible for me to deduct my unpaid overtime work
in November and December (6 weeks at 5 hrs/wk for 30 hours total,
times my hourly wage of $15/hr = $450)? I owe $4,000+ to IRS this
year, and I desperately need deductions.

Thanks,

VM

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Posted by joetaxpayer on March 17, 2008, 10:44 pm
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vmoeller@austin.rr.com wrote:

> I am a music contractor for a local high school. My position is
> renewed annually. I was hired last fall with the understanding that I
> had to provide free piano accompaniment for the high school's annual
> musical. I agreed, based on what I had done during the 2006-07 school
> year, which amounted to 2 or 3 extra 2-hour rehearsals per week for 3
> months (Nov-Jan) until 2 weeks before opening, and then rehearsing
> nearly every night for those 2 weeks. I figured I could live with
> that again.
>
> However, THIS year (07-08), the show was Peter Pan, which required
> rental of a massive wire-set Peter, Wendy, et al, used to fly around
> the stage. The set was available for only a very short window of time
> which meant that our 3 month preparation time was cut in half, and I
> ended up doing 2 or 3 extra 2-hour rehearsals per week for November
> and December, and then rehearsing nearly every night for 1 month.
> This cut into my piano teaching time, and I lost about $400 on that.
> So not only did I not get paid for my overtime work, I actually lost
> money on the deal. This won't happen again next year!
>
> So, is there any way possible for me to deduct my unpaid overtime work
> in November and December (6 weeks at 5 hrs/wk for 30 hours total,
> times my hourly wage of $15/hr = $450)? I owe $4,000+ to IRS this
> year, and I desperately need deductions.

Deduct, like a charitable deduction? Sorry, no. As in a prior thread
here, donated time is not a deductible item. I hope the show went well.
Joe

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by PeterL on March 18, 2008, 12:29 am
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On Mar 17, 6:59 pm, vmoel...@austin.rr.com wrote:
> I am a music contractor for a local high school.  My position is
> renewed annually.  I was hired last fall with the understanding that I
> had to provide free piano accompaniment for the high school's annual
> musical.  I agreed, based on what I had done during the 2006-07 school
> year, which amounted to 2 or 3 extra 2-hour rehearsals per week for 3
> months (Nov-Jan) until 2 weeks before opening, and then rehearsing
> nearly every night for those 2 weeks.  I figured I could live with
> that again.
>
> However, THIS year (07-08), the show was Peter Pan, which required
> rental of a massive wire-set Peter, Wendy, et al, used to fly around
> the stage.  The set was available for only a very short window of time
> which meant that our 3 month preparation time was cut in half, and I
> ended up doing 2 or 3 extra 2-hour rehearsals per week for November
> and December, and then rehearsing nearly every night for 1 month.
> This cut into my piano teaching time, and I lost about $400 on that.
> So not only did I not get paid for my overtime work, I actually lost
> money on the deal.  This won't happen again next year!
>
> So, is there any way possible for me to deduct my unpaid overtime work
> in November and December (6 weeks at 5 hrs/wk for 30 hours total,
> times my hourly wage of $15/hr = $450)?  I owe $4,000+ to IRS this
> year, and I desperately need deductions.
>
> Thanks,
>
> VM
>


When your job "requires" you to donate time, it's not donation
anymore. Employers can't require employees to "donate" time as a
condition for employment. I am not a lawyer but I think the school
district owes you a lot of money. I'd check with an employment lawyer
to see about your rights.

========================================= MODERATOR'S COMMENT:
You will find that for income tax purposes, the value of your time
and services cannot be deducted.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by vmoeller on March 20, 2008, 12:43 am
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> On Mar 17, 6:59 pm, vmoel...@austin.rr.com wrote:
>
>
>
>
>
> > I am a music contractor for a local high school.  My position is
> > renewed annually.  I was hired last fall with the understanding that I
> > had to provide free piano accompaniment for the high school's annual
> > musical.  I agreed, based on what I had done during the 2006-07 school
> > year, which amounted to 2 or 3 extra 2-hour rehearsals per week for 3
> > months (Nov-Jan) until 2 weeks before opening, and then rehearsing
> > nearly every night for those 2 weeks.  I figured I could live with
> > that again.
>
> > However, THIS year (07-08), the show was Peter Pan, which required
> > rental of a massive wire-set Peter, Wendy, et al, used to fly around
> > the stage.  The set was available for only a very short window of time
> > which meant that our 3 month preparation time was cut in half, and I
> > ended up doing 2 or 3 extra 2-hour rehearsals per week for November
> > and December, and then rehearsing nearly every night for 1 month.
> > This cut into my piano teaching time, and I lost about $400 on that.
> > So not only did I not get paid for myovertimework, I actually lost
> > money on the deal.  This won't happen again next year!
>
> > So, is there any way possible for me to deduct myunpaidovertimework
> > in November and December (6 weeks at 5 hrs/wk for 30 hours total,
> > times my hourly wage of $15/hr = $450)?  I owe $4,000+ to IRS this
> > year, and I desperately need deductions.
>
> > Thanks,
>
> > VM
>
> When your job "requires" you to donate time, it's not donation
> anymore.  Employers can't require employees to "donate" time as a
> condition for employment.  I am not a lawyer but I think the school
> district owes you a lot of money.  I'd check with an employment lawyer
> to see about your rights.
>
> ========================================= MODERATOR'S COMMENT:
> You will find that for income tax purposes, the value of your time
> and services cannot be deducted.
>
> --
> << ------------------------------------------------------- >>
> << The foregoing was not intended or written to be used,   >>
> << nor can it used, for the purpose of avoiding penalties  >>
> << that may be imposed upon the taxpayer.                  >>
> <<                                                         >>
> <<   The Charter and the Guidelines for submitting posts   >>
> <<  to this newsgroup as well as our anti-spamming policy  >>
> <<                  are atwww.asktax.org.                 >>
> <<         Copyright (2007) - All rights reserved.         >>
> << ------------------------------------------------------- >>- Hide quoted
text -
>
> - Show quoted text -

I am not a lawyer but I think the school
district owes you a lot of money. I'd check with an employment
lawyer
to see about your rights.


You may well be right, however, I do not have another job to go to at
this point, and if I see an employment lawyer about my rights, I may
well find myself unemployed and unemployable, or at the very least,
stuck with a job where my boss, his boss and everybody in the district
hates my guts. At this point, I just want to get the tax liability
problem fixed and figure out some graceful way to bow out of this job
during the summer, after my contract expires and after I get another
job lined up. I adamantly refuse to sign up for another year at Camp
Runamuck. I may have to start teaching piano if I can't get another
job.

Also, I'm not sure how I'd go about getting money from the district
because it was my idea originally to play for the school play without
charging them (I did not know this was illegal); I knew it would mean
working extra hours unpaid, but I had no idea that my working
conditions would be so bad. I spent nearly a month, every weeknight
from 4 til 9 or 10, in a freezing orchestra pit (I finally bought my
own portable heater), plus I found out that the music director, who I
have to work with every day, is a perfectionist whose worst qualities
come out when under stress, plus we had to use handwritten music that
had been written over and then xeroxed time and again, so it was very
hard on my eyes (at age 56, I'm already into trifocals).

Thank you for writing, however, I appreciate your taking the time to
educate me a bit on this.

vhm

========================================= MODERATOR'S COMMENT:
Please trim the post to which you are responding.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Phil Marti on March 18, 2008, 2:34 am
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> So, is there any way possible for me to deduct my unpaid overtime work
> in November and December (6 weeks at 5 hrs/wk for 30 hours total,
> times my hourly wage of $15/hr = $450)? I owe $4,000+ to IRS this
> year, and I desperately need deductions.

Prior responses addressed this as a question regarding charitable
contributions. It sounds to me more like you're thinking of some sort of
"opportunity cost" deduction against your other income. In either case, the
answer is no.

Of more concern to me is the $4,000 balance due that seems to be a surprise
to you. Have you been making estimated tax payments to cover your teaching?
Are you claiming too many withholding allowances at your W-2 jobs? There's
a structural problem in your tax planning that will pop up year after year
if you don't fix it.

--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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