Moving expenses

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  • TAX4US
    Senior Member
    • Mar 2010
    • 551

    #1

    Moving expenses

    Can a student who finished school in another state deduct moving expenses for moving back to his parents in another state. Student went to work full time within 30 days full time and is still there. The apartment complex where student was living made him pay 4 months rent to break his lease. Student finished earlier than expected by doubling up some classes. the miles and work time test is easily met. Does this qualify as a first job as defined in some of the regulations? If qualified can tp use the lease break amount as a moving expense? Any help or am I way off line on this?
  • New York Enrolled Agent
    Senior Member
    • Nov 2006
    • 1530

    #2
    Originally posted by TAX4US
    Can a student who finished school in another state deduct moving expenses for moving back to his parents in another state. Student went to work full time within 30 days full time and is still there. The apartment complex where student was living made him pay 4 months rent to break his lease. Student finished earlier than expected by doubling up some classes. the miles and work time test is easily met. Does this qualify as a first job as defined in some of the regulations? If qualified can tp use the lease break amount as a moving expense? Any help or am I way off line on this?
    You don't state where the son's principal residence was. Based on the fact that he was a college student I would presume that his principal residence was at his parent's home. If this is correct then he is back to his principal residence - there appears to be no move. Obviously, facts and circumstances control. Did he change his driver's license, where did he vote , etc.?

    The regulations for §217 interpret the word residence as principal residence. You might want to read Reg. §1.217-1.

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    • taxea
      Senior Member
      • Nov 2005
      • 4292

      #3
      Moving expense is related to business/employment, not schooling. Wasn't this person a dependent of parents while in school? If so then his/her residence remained with parents while in school.
      Believe nothing you have not personally researched and verified.

      Comment

      • Rapid Robert
        Senior Member
        • Oct 2015
        • 1983

        #4
        Originally posted by TAX4US
        If qualified can tp use the lease break amount as a moving expense?
        Too lazy to look it up in the pub, but I'm pretty sure that would never be a deductible moving expense regardless of any other factors.
        "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard
        "That's enough! When you didn't know what you were talking about, you really had something! [to Curly]" -Moe Howard

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        • TAX4US
          Senior Member
          • Mar 2010
          • 551

          #5
          Thanks to all.

          Comment

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