can I deduct my mileage

[veritas]

I don't think this is

a gray area at all. If by chance you get called in for an audit the IRS will disallow your mileage deductions for all open tax years.

Take a look at Marple v Commisioner 05/22/07.

He (Union Sheet Metal worker) tried the out of the Metro area angle and lost.

You are attempting another angle in Rev Ruling 99-7 which states that if you drive to a temporary location and have a regular place of work it is deductible. That angle worked once for a logger who said he spent 7 hours a week at home preparing his equipment for work. However the IRS said no way will they go along with that decision.

You guys get paid pretty good for what you do. Next union contract ask for more to cover your commuting expense.

[FEDUKE404]

more on commuting

a gray area at all. If by chance you get called in for an audit the IRS will disallow your mileage deductions for all open tax years.

[snipped]

You guys get paid pretty good for what you do. Next union contract ask for more to cover your commuting expense.

Everyone keeps mentioning "shop" so I am unsure if that means "union hall" or something else. In any case, take a look at bottom of left column, page 15, Pub 463. Regardless, the key phrase there is "you are employed where you work."

FE

[taxxcpa]

Mileage

If you go to the shop first, that mileage would be commuting. Then if you drive to a second work location 45 miles away, that would be business miles. If you then returned to the shop before going home, then the mileage from the job site to the shop would be business miles.
However, if you merely make the trip to the shop to create an unnecessary short commuting situation, it might not be accepted. It could be treated as an unnecessary personal trip unrelated to your job.

[mblatour]

my husband and I disagree a bit on this

topic. Not because I think it shouldn't be allowed to deduct these miles, but because I feel you can't. He leans towards being able to deduct the miles when they are long distances. But who's going to make up those rules? I agree, they do make good money (but let me point out that they work HARD for that money; often like today where my husband will work 10 hours outside in 5 degree weather up on a roof putting on louver panels). They make good money because the UNION for whom they work for fights for a contract that they vote on to be passed.

A comment to FEDUKE404. The "shop" they are referring to is where their current "employer" under the union is located. Say it's "Don's Heating and Cooling" in downtown Minneapolis. But their union hall might actually be located in a suburb of Minneapolis. The only reason my husband ever goes to the union hall is to attend meetings, or to check in with the business agent on occasion, or to use their bank to withdraw his vacation funds that are withheld from his checks.

Touchy subject with many. If I were willing to take these deductions, I would have gained many, many more tax clients (ie: being my husband's co-workers) over the past few years. The most unbelieveable part is that there are several of these fellas that take the mileage on their personal taxes and they are actually driving IN COMPANY TRUCKS to their job locations. If that's not a bogus deduction, I don't know what is. One guy has been taking that deduction for over 10 years. Still has yet to be audited. Again, as I said in my previous post, I'm not a gamblin' gal.

By the way, if they go far enough out of town (of the shop location), like say 2 or more hours away, they DO receive subsistance pay which may be $20 a day. Often not enough to cover gas or hotel. My husband will take the pay, if given, and drive 2 hours home each day because he'd rather be home with me and the kids each night then stay in some sleezy hotel that's costing him money.

[Kram BergGold]

Key componant

Wouldn't a key factor in this thread be how much work is performed in the general area of his home. Let's say the taxpayer worked at 10 job sites and all were 60 miles away or more. To me this is an itinerant worker without a tax home and no miles are deductible.. Now let's say 60% of his work was within 20 miles of home and 40% was over 60 miles away. To me the transportation to the 40% locations are deductible. The point at which the work in the general area qualifys him for a deduction is a judgement call to me.