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Subject Author Date
travel to job BudE 11-07-2007
---> Re: travel to job Paul Thomas, CP...11-08-2007
Posted by BudE on November 7, 2007, 3:46 pm
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I'm retired and work part time (infrequently) for a car
dealership as a driver. They consider me an independent
contractor. The drive to the dealership is about 16 miles
and costs me about $4.25 in gas. Can I deduct that from my
earnings from them?

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Posted by D. Stussy on November 8, 2007, 3:32 am
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> I'm retired and work part time (infrequently) for a car
> dealership as a driver. They consider me an independent
> contractor. The drive to the dealership is about 16 miles
> and costs me about $4.25 in gas. Can I deduct that from my
> earnings from them?

No. Commuting is not deductible. You haven't established
another place of business activity. You are also probably
misclassified and should be an employee - see form SS-8.

<< ------------------------------------------------------- >>
<< 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 November 9, 2007, 6:56 am
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D. Stussy wrote:

>> I'm retired and work part time (infrequently) for a car
>> dealership as a driver. They consider me an independent
>> contractor. The drive to the dealership is about 16 miles
>> and costs me about $4.25 in gas. Can I deduct that from my
>> earnings from them?

> No. Commuting is not deductible. You haven't established
> another place of business activity. You are also probably
> misclassified and should be an employee - see form SS-8.

Actually this activity is properly independently contracted.
Drivers are given a car to drive to a distant location, or
the group is driven to a distant location. He then has to
get that car to the other location within a certain time
period, and otherwise he does the job on his own. All the
car dealers around here have already researched the issue.

The only thing I didn't care for was the fact that get the
car I wanted in my color (blue), it had to be driven to
Columbus from Augusta. New cars I think still should not be
driven too fast for first 500 miles, but I have no way of
knowing how fast he made that trip. But the Sable IS a
sturdy well built car and I'm satisfied. (13,000 miles in
three years!)

ChEAr$,
Harlan Lunsford, EA n LA

<< ------------------------------------------------------- >>
<< 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 D. Stussy on November 10, 2007, 5:20 am
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> D. Stussy wrote:

>>> I'm retired and work part time (infrequently) for a car
>>> dealership as a driver. They consider me an independent
>>> contractor. The drive to the dealership is about 16 miles
>>> and costs me about $4.25 in gas. Can I deduct that from my
>>> earnings from them?

>> No. Commuting is not deductible. You haven't established
>> another place of business activity. You are also probably
>> misclassified and should be an employee - see form SS-8.

> Actually this activity is properly independently contracted.
> Drivers are given a car to drive to a distant location, or
> the group is driven to a distant location. He then has to
> get that car to the other location within a certain time
> period, and otherwise he does the job on his own. All the
> car dealers around here have already researched the issue.
>
> The only thing I didn't care for was the fact that get the
> car I wanted in my color (blue), it had to be driven to
> Columbus from Augusta. New cars I think still should not be
> driven too fast for first 500 miles, but I have no way of
> knowing how fast he made that trip. But the Sable IS a
> sturdy well built car and I'm satisfied. (13,000 miles in
> three years!)

I'm still going to disagree with Mr. Lunsford based on one
point: He's doing it for a single client, not multiple
clients. Although it's possible for ICs to have only one
client, that's a point that strongly favors an employment
relationship. If this issue is "530'ed" in your part of the
country, fine - but that's the exception, not the rule.

<< ------------------------------------------------------- >>
<< 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 Paul Thomas, CPA on November 8, 2007, 3:32 am
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> I'm retired and work part time (infrequently) for a car
> dealership as a driver. They consider me an independent
> contractor. The drive to the dealership is about 16 miles
> and costs me about $4.25 in gas. Can I deduct that from my
> earnings from them?

The dealership would be considered your regular place of
business - and therefore non-deductible commuting.

FWIW: One of my retired clients does the same thing, and
he's treated as an employee. I suspect that's for liability
purposes. Wonder how your employer would handle things if
you smacked up a car.

--
Paul A. Thomas, CPA
Athens, Georgia

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