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question about mileage deduction - special circumstances

 

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Subject Author Date
question about mileage deduction - special circumstances tompaulko 06-22-2008
Posted by Dick Adams on June 24, 2008, 3:41 pm
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> rdadams@panix.com (Dick Adams) wrote:

>> If Union member receives no assignment, travel is
>> commuting and is not deductible.
>>
>> If Union member receives an assignment, travel to
>> that assignment is business travel amd other travel
>> is commuting.
>>
>> If Union member is assigned a multi-day assignment
>> and is not required to be at the Union Hall until
>> he is looking for another assignment, travel to
>> the assignment is business travel only on the first
>> day of the assignment.
>>
>> A home office is NOT a Union Hall.

> Good example. But I'd appreciate clarification of a nuance.
> In OP's case the home office is more a piece of paper than a
> reality, so going to where the real work is done is certainly
> commuting.
>
> But what about the situation where the home office is the
> actual primary place of business, but the person goes out on
> occasion to meet clients for meetings that last just for an
> hour or two. It seems to me that wouldn't be commuting.
>
> As I off base?

Noting that I haven't gotten a free copy of a current tax
textbook in five years, it is my opinion that the home
office would have to meet the Soliman test, i.e., it is
the place of business from whence you generate your income.

I can imagine an attorney who has an office in the burbs,
home or othewise, being able to deduct ocassional trips to
the court house in center city. Similarly a tax pro could
deduct ocassional trips to the IRS office.

Dick

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Posted by Harlan Lunsford on June 24, 2008, 5:25 pm
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Dick Adams wrote:
>> rdadams@panix.com (Dick Adams) wrote:
>
>>> If Union member receives no assignment, travel is
>>> commuting and is not deductible.
>>>
>>> If Union member receives an assignment, travel to
>>> that assignment is business travel amd other travel
>>> is commuting.
>>>
>>> If Union member is assigned a multi-day assignment
>>> and is not required to be at the Union Hall until
>>> he is looking for another assignment, travel to
>>> the assignment is business travel only on the first
>>> day of the assignment.
>>>
>>> A home office is NOT a Union Hall.
>
>> Good example. But I'd appreciate clarification of a nuance.
>> In OP's case the home office is more a piece of paper than a
>> reality, so going to where the real work is done is certainly
>> commuting.
>>
>> But what about the situation where the home office is the
>> actual primary place of business, but the person goes out on
>> occasion to meet clients for meetings that last just for an
>> hour or two. It seems to me that wouldn't be commuting.
>>
>> As I off base?
>
> Noting that I haven't gotten a free copy of a current tax
> textbook in five years, it is my opinion that the home
> office would have to meet the Soliman test, i.e., it is
> the place of business from whence you generate your income.
>
> I can imagine an attorney who has an office in the burbs,
> home or othewise, being able to deduct ocassional trips to
> the court house in center city. Similarly a tax pro could
> deduct ocassional trips to the IRS office.
>
> Dick
>
WE need to make a distinction between an office in home and
a home which is the principal place of business also. One might not
have or even need an office in home, yet the home is the principal
place of business. Example; a painter whose tools are stored in
his truck. Home is principal place of business, so his miles are
tax deductible.

As for me, if I leave home and instead of going to the office, head
straight out of town say to Auburn University (30 miles) for an all
day tax seminar, then I have 60 miles, cause that is outside my
area. This of course has nothing to do with home office, lack of it,
or principal place of business.

ChEAr$,
Harlan Lunsford, EA n LA

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Posted by kastnna on June 25, 2008, 1:58 pm
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On Jun 25, 10:47 am, rdad...@panix.com (Dick Adams) wrote:

> Now an auditor who graduated from Bama might ask you if Auburn
> is really an institute of higher education? <g>  But I'll
> pass on that.

Dick I am truly sorry to hear of your unfortunate educational
environment:-)
Harlan, I assume you travel Hwy 280 or I-85, in which case we
regularly cross paths at 65+ MPH.


War Eagle!

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<< ------------------------------------------------------- >>
<< 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 Harlan Lunsford on June 25, 2008, 3:45 pm
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kastnna wrote:
> On Jun 25, 10:47 am, rdad...@panix.com (Dick Adams) wrote:
>
>> Now an auditor who graduated from Bama might ask you if Auburn
>> is really an institute of higher education? <g> But I'll
>> pass on that.
>
> Dick I am truly sorry to hear of your unfortunate educational
> environment:-)
> Harlan, I assume you travel Hwy 280 or I-85, in which case we
> regularly cross paths at 65+ MPH.
>
Gasoline is 3.87 per gallon here in Phenix City, so the slower you
go, the more gas (includes taxes!) you save. YOU may at 65+ cross me
going about 55 or so.
>
> War Eagle!
>
Neither War Eagle nor Tide, btw.

ChEAr$,
Harlan Lunsford, EA n LA

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<< ------------------------------------------------------- >>
<< 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 joetaxpayer on June 25, 2008, 8:23 pm
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Harlan Lunsford wrote:

> Gasoline is 3.87 per gallon here in Phenix City, so the slower you
> go, the more gas (includes taxes!) you save.

In August I wrote about the tradeoff between speed, increasing your MPG,
and the time you lose. The bottom line was that slowing down from 65 to
55 takes average MPG from 27 up to 32, and to go 55 miles, you trade 9
minutes for .47 gal of gas. Now, that's $1.82 or $12/hr. It really
depends how you value your time.

http://www.blog.joetaxpayer.com/archives/25

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<< ------------------------------------------------------- >>
<< 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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