Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


1 posted on 10/12/2011 10:18:20 AM PDT by celticfreedom
[ Post Reply | Private Reply | View Replies ]


To: celticfreedom

—Is there anything else anyone can think of that I may need?—

Other than a cyanide capsule, I think you have it covered.

When I did it, I kept a mileage log of every single trip (and its purpose) in an excel spreadsheet and let it sum the miles. I use the 1040 short form now. :-D


2 posted on 10/12/2011 10:25:01 AM PDT by cuban leaf (Were doomed! Details at eleven.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom

I went through this last year.
Take your time getting all your paperwork together. No matter what they say, they need to give you the time.

Over document if possible.

Paying your tax man can be useful if your bill is high.
The last thing to do is blow them off.
Good luck!


3 posted on 10/12/2011 10:25:42 AM PDT by Zathras
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom
You either get to deduct a certain amount per mile, or your actual expenses (gas, tolls, repairs insurance, etc.), but not both.

ML/NJ

4 posted on 10/12/2011 10:29:15 AM PDT by ml/nj
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom

You mention mileage and expenses both. I did not think you could deduct repair expenses if you were reimbursed/claimed for mileage. However, the tax code is the one piece of accounting I never could seem to get a handle on.


5 posted on 10/12/2011 10:29:25 AM PDT by Ingtar (I closed my eyes, only for a moment, and the moment's gone...)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom

Are you an independent contractor.....file on a Schedule C..or are you an employee who is reimbiursed for your mileage. If the latter, then you can’t take auto expenses off your return..


6 posted on 10/12/2011 10:31:15 AM PDT by ken5050 (Cain/Gingrich 2012!!! because sharing a couch with Pelosi is NOT the same as sharing a bed with her)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom

Ask your tax lawyer what you need.


10 posted on 10/12/2011 10:40:14 AM PDT by editor-surveyor (Sarah Palin - 2012 !)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom

You can take standard mileage charges or actual expenses, your choice. But you cannot take both. If you took both, then that’s why you were audited. You’ll have to correct your return and pay back taxes, interest and penalty charges.


19 posted on 10/12/2011 10:51:44 AM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom

I am a tax preparer.

You can claim standard mileage or actual expenses. You will probably come out much better using standard mileage with 18,000 business miles. If you used standard mileage the first year you put this vehicle in service for business, you can use standard or actual mileage in later years for that vehicle. If you used actual mileage the first year you put this vehicle in service, you must use actual mileage in later years for that vehicle.

You must document all of your vehicle expenses. For standard mileage, record your odometer reading on Jan 1 each year so that you can compute total miles. You must also keep a log of of the dates, purpose, and miles traveled for business use and miles traveled for commuting. It is also a good idea to keep maintenance records that have the odometer reading such as oil changes.
The IRS is getting a lot stricter on business vehicle expenses.

The IRS knows that you are fudging the mileage number because you made the mistake of using a round number like 18,000. You are less likely to receive an IRS letter if you use a number like 18,357. Is this the actual number of miles used for business or is this a guess pulled off the ceiling? I just finished an offseason tax class on vehicle expenses. Round numbers used for standard mileage was pointed out as a reason for the IRS to flag a return.

If 18,000 is the actual business mileage and you have documentation to prove it, you have nothing to worry about. Otherwise, the IRS will disallow your standard mileage and you will have to pay back some money plus a penalty.

I hope this helps.


32 posted on 10/12/2011 11:49:30 AM PDT by DFG (Proud Barbarian)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom
Is there anything else anyone can think of that I may need? I only want to have to do this ONE time!

First, the pretty good news:
If you had a tax preparer (CPA) do your form and sign off on it you can have him/her attend the audit and you can sit it out. You basically give them a limited power of attorney that lets them speak for you only about the year in question. That eliminates any fishing expeditions that the auditor may wish to undertake were you present. The other point being that people tend to babble on during the audit and disclose far too much information, by having your preparer be your proxy you don't even have to be there. If you did your own forms or had H&R Block or similar that will not be an option and you'll have to appear. Just remember to keep nervous chatter to an absolute minimum.

Now the bad news:
Once you've been audited you can expect another audit next year and the year after. The IRS works on the theory that if they audited you it had to be for a reason and even if they didn't find anything with the first audit, it's always worth another look. It stops with the third audit because there is a law on the books that is designed to prevent "harassment" and so you are finally off the hook.

It happened to me back in the 1980's and I had my accountant attend for me and they never collected an extra dime although I did have a bills from my guy for his time expended. I don't think that IRS policy has softened much on their audit practices over the years. From their POV everybody cheats and their job is to maximize the revenue stream collected.

Good Luck,
GtG

33 posted on 10/12/2011 11:54:12 AM PDT by Gandalf_The_Gray (I live in my own little world, I like it 'cuz they know me here.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom
I assume that this is a correspondence audit and not a personal visit by auditor.

If so answer only questions asked and don't discuss other areas. Sometimes, it could lead to other issues or years.

You didn't mention whether you filed Schedule C or deducted as employee expense on Form 2106 subject to 2% limit.

You may wish to visit the irs.gov site and review the IRS audit manual for typical procedures.

Depending on the dollar audit exposure, you may wish to consult with a CPA that is familiar with IRS audits (a tax attorney is overkill unless it is criminal or there is a court case). A CPA would have a technical knowledge at or above the level of the IRS agent. Some taxpayers have been intimidated in dealing with IRS. An independent review by the CPA could be helpful before dealing with IRS.

You may wish to determine if this is a random audit or is targeted to a specific industry. The IRS is currently looking at independent contractors who should be classified as employees.

So you may have more exposure than what the audit letter is asking for.

35 posted on 10/12/2011 12:01:16 PM PDT by ADSUM (Democracy works when citizens get involved and keep government honest.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom
January 30, 2005 Contact: Bob Schulz For Immediate Release (518) 656-3578 U.S. Court of Appeals Rules IRS Cannot Apply Force Against a Tax Payer Without A Court Order Taxpayers Free To Ignore An IRS Summons Queensbury, NY – On January 25, 2005, the U.S. Court of Appeals for the Second Circuit held that taxpayers cannot be compelled by the IRS to turn over personal and private property to the IRS, absent a federal court order. Quoting from the decision (Schulz v. IRS, case number 04-0196-cv), “...absent an effort to seek enforcement through a federal court, IRS summonses apply no force to taxpayers, and no consequence whatever can befall a taxpayer who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order…[a taxpayer] cannot be held in contempt, arrested, detained, or otherwise punished for refusing to comply with the original IRS summons, no matter the taxpayer's reasons, or lack of reasons for so refusing.” <<<<<<<<<<<<<<<>>>>>>>>>>>>>>> http://whiz.to/~papera/Articles/IRS%20Summons.html ---------------------------------------------------------- "If you...examined [The 16th Amendment] carefully, you would find that a sufficient number of states never ratified that amendment." - U.S. District Court Judge James C. Fox 2003.
36 posted on 10/12/2011 12:13:57 PM PDT by phockthis
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom

Go to YouTube and search:

“Never talk to the police”

Watch and follow the advice this law professor gave when the IRS wanted to meet someone to go over his taxes.

That may resolve it right there. IRS agents are lazy and unless there is a lot of money involved, you just aren’t worth the effort.


40 posted on 10/12/2011 12:18:34 PM PDT by SeaHawkFan
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom

Forgot something in my previous post.

If you need help with the IRS, an Enrolled Agent would be better and cheaper than a lawyer. An Enrolled Agent (or EA) is a tax professional recognized by the federal government to represent taxpayers in dealings with the IRS.


44 posted on 10/12/2011 12:41:47 PM PDT by DFG (Proud Barbarian)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom

Have a tax attorney specializing in IRS cases with you. Record all proceedings, threats and demands.


45 posted on 10/12/2011 1:11:50 PM PDT by tbw2
[ Post Reply | Private Reply | To 1 | View Replies ]

To: celticfreedom
"I only want to have to do this ONE time!"

In my audit experience, that is what they are counting on. They will try to wear you down to pay them to leave you alone.

When I was audited they would give me two weeks to reply to their letter and the time started when they mailed the letter, so I would have insufficient time to make a good reply.

I learned to just send them more documentation with each request, even if I did not have everything I wanted to send. They would follow up with another challenge. I would send more documentation. After four or five challenges and document dumps, they gave up and said I didn't owe them anything.

Good luck and stay tough.

48 posted on 10/12/2011 6:23:16 PM PDT by HangThemHigh (Entropy's not what it used to be.)
[ Post Reply | Private Reply | To 1 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson