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    Railroad Employees

    I had an audit yesterday for a Truck Driver. Among other issues his M&E was being examined. I had used the $52/day transportation worker rate which was easily substantiated by his log books.

    The auditor mentioned in passing that the IRS was currently conducting a CIP (compliance initiative project) for Railroad Employees with high employee business expenses and this project was being expanded. He provided me a copy of a FAX he received which I will exert below;

    The main audit issue is that the trainmen (Engineer, Conductor and Fireman) were using the $52/day rate and they were not entitled to it. The rate is referred to in Section 4 of Rev Proc 2008-59. The rate is not allowed for them because they “usually” don’t travel to localities with differing GSA per diem rates. Therefore they should be using the $39/day rate which is only 50% deductible not 80%.

    They also noted that the employees were not claiming the reimbursements received from the EBE on the form 2106.

    If you prepare returns for Trainmen you might want to make note of this. I expect some very unhappy railroaders this year.
    Last edited by DaveO; 11-17-2009, 01:33 PM.
    In other words, a democratic government is the only one in which those who vote for a tax can escape the obligation to pay it.
    Alexis de Tocqueville

    #2
    Doesn't Make Sense

    Dave, I'm not "on board" [WHOOOO-WHOOOO] with this train stuff.

    This is a classic IRS non-sequitur (does not compute). If a truck driver travels through territory with varying per diem rates, then how can a RR employee NOT do so??

    I don't dispute your report - just the contents therein. How can this make sense??

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      #3
      The issue is that the Trainmen "usually" work within a single state unlike truck drivers who travel all over the place. I'm sure there is plenty of regional differences too. Trainmen in New England probably travel through several states each day. Here in the Midwest they rarely leave the state.

      My understanding on this issue in the past has been if they are subject to DOT hours of service rules and are engaged in transportation of freight and/or people then they qualify.

      I asked the auditor if anyone was going to tell the railroaders about this. He said that would be the job of preparers. He also said his office had always allowed the $52/day rate in the past but wouldn't going forward.
      In other words, a democratic government is the only one in which those who vote for a tax can escape the obligation to pay it.
      Alexis de Tocqueville

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        #4
        Auditors' Per Diem

        Wonder how much the auditor's get for Per Diem???

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