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W-2 Mortgage Broker related exps not on form 2106?

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    W-2 Mortgage Broker related exps not on form 2106?

    Had this question come up a couple times. Mortgage broker here in AZ recieve a W-2 even though they are on commissions (I know logic has it a 1099misc is correct form) so they have unreimbursed related exps like mileage, meals, phone, etc. and yet the only place I can tell where unreimbursed exps go is on Sch A if they itemize and the deductibility is subject to AGI. Any way for which the unreimbursed exps will not be subject to AGI within Sch A like a Sch C but once again, no 1099misc.

    #2
    If TP received a W-2, he is considered an employee and expenses go on 2106. Were wages subj to FICA, box 3 and 5 on W-2? Unless he is possibly considered a "statutory employee" in which case box would be checked on W-2, and no FICA withheld, but I never heard of a mtge broker being a statutory employee. Employees can be paid commissions.

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