Divorce

marty6731

Expert Expediter
Not sure is this is the right forum to be asking this question but here it goes. I am in the process of getting a divorce and the problem I am having is that my wife's lawyer says that my 56.5 per mile write-off does not truly reflect my expenses. Has anyone gone thru a divorce with this same problem? They are saying that I need my actual receipts but I keep telling them I don't keep them because I am not required by the IRS. Any help would be greatly appreciated.
 

davekc

Senior Moderator
Staff member
Fleet Owner
Not sure is this is the right forum to be asking this question but here it goes. I am in the process of getting a divorce and the problem I am having is that my wife's lawyer says that my 56.5 per mile write-off does not truly reflect my expenses. Has anyone gone thru a divorce with this same problem? They are saying that I need my actual receipts but I keep telling them I don't keep them because I am not required by the IRS. Any help would be greatly appreciated.

The first problem is it is "your wife's attorney". I would highly recommend getting your own. Her attorney has no way of making that assumption based on a arbitrary number. My best guess is he knows nothing about expediting and or transportation. Some of this depending on the state would be at the judges discretion or before another third party attorney. Basically a arbitration process which would happen prior to seeing a judge in most states.
The most likely scenario if receipts can't be provided, will be a request for the previous two years assuming you were in expediting at the time.
Good luck as divorce is not a fun endeavor.
 

Fkatz

Veteran Expediter
Charter Member
Hi All,

Dave, your actually right, her lawyer is just trying to build up the income for more support/alimony
Get your own lawyer, it works out better for you

The IRS ruling on the mileage deduction Is this:
1. Your Vehicle can not be over 9,998 lbs. GVW
2. You must keep accurate records . you cannot use beginning and ending miles.
3. it must be broken down by each load that you receive
4. Deadhead miles from your home/or truck stop where you shower/eat/ and sleep, to your next load to pick up Date ( Shippers Name)an time you picked up
5. Mileage from Shipper to Receiver ( Date, Receivers Name, delivery time)
6. and last the mileage from the receiver to the truck stop/motel, you plan on staying to get some sleep, shower, eat, and wait for your next load

THIS IS THE IRS RULING EFFECTIVE OCTOBER 1, 2012-- HIS S WHAT THEY WANT FOR YOUR PROOF OF MILEAGE. IF YOUR AUDITED AND DON'T HAVE IT THEY WILL DISALLOW THE DEDUCTION

FRANK'S TAX & BUSINESS
[h=1]315 E. King St.[/h][h=1]Kings Mountain, NC 28086[/h][h=1]Local # 704-739-4039 Toll Free# 877-857-1040[/h][h=1]E-Mail: [email protected])[/h][h=1]Web: Kings Mountain, NC Accounting Firm | Home Page | Frank's Tax & Business Services[/h][h=1] [/h][h=1]IRS Circular 230 Notice: Unless expressly stated otherwise inthis
transmission, any tax advice contained herein, forwarded with or attached to
this message was not and is not intended to be used, nor may it be relied
upon or used, by any taxpayer for the purpose of (1) the avoidance of any
tax-related penalties under the Internal Revenue Code or applicable state or
local tax law provisions, or (2) promoting, marketing or recommending to
another party any tax transaction or tax-related matters that may be
addressed herein.

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