QUESTION

How could I deal with an audit regarding mileage vs actual vehicle expenses?

Asked on Jun 19th, 2015 on Taxation - Michigan
More details to this question:
I am being audited by the IRS for tax years 2012 and 2013. I am self employed as a pilot car operator. I have always claimed mileage instead of actual expenses, as I run up to 80,000 miles per year with my work using my pickup truck. They are now informing me that since my pay is based on the mileage ran with the commercial truck while escorting him, that I am NOT allowed to claim mileage on my vehicle, but must claim actual expenses. I have not found this stipulation anywhere in any IRS publications. Can you shed any light on this. I have been given a deadline to furnish information showing actual truck expenses.
Report Abuse

2 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
Update Your Profile
I believe that the revenue agent performing your audit is confused. She is classifying your use of the car as "for hire" because your compensation is based on miles traveled. However, the IRS definition of "for hire" use is used in the transportation of goods or people. It is often pointless to attempt to persuade a revenue agent, the ones assigned to individual audits aren't accountants, they have little understanding of the law and their training is formulaic. To them every issue is black and white, once they have decided how they will handle an item, you can never change their mind. I would advise you to assemble the information she requested. You might be surprised and the actual expense method might give you a bigger deduction. If the actual expense method doesn't, when you get the audit report (the so called 30 day letter) request a determination by the irs appeals office. These people are usually accountants and lawyers and they understand the complexity of tax law and how to use references. Since you do not transport goods or people, they should agree you qualify for the standard mileage method. Since this determination will be based on interpretation of IRS publications and tax cases, you should probably be represented.
Answered on Jun 22nd, 2015 at 12:22 AM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
See a tax attorney or accountant to review the IRS allegations and assist in the documentation of actual expenses if required.
Answered on Jun 19th, 2015 at 10:31 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters