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  #8  
Old 08-15-2008, 01:38 AM
Stuart Bronstein
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Default Re: Destroyed records

"D. Stussy" <spam[at]bde-arc.ampr.org> wrote:

- quote -

> EVERY expense incurred while complying with an audit is deductible
> (as a miscellaneous itemized deduction subject to the 2% of AGI
> floor).
> - TC Memo 2003-232, where I personally proved that. - where the
> IRS tried to deny me mileage costs for attending an audit.


Congratulations and thanks.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #7  
Old 08-15-2008, 01:26 AM
D. Stussy
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Default Re: Destroyed records

<removeps-groups[at]yahoo.com> wrote in message
news:790e150e-1096-48e1-92a0-52164a78f4e4[at]w39g2000prb.googlegroups.com...
- quote -

> On Aug 13, 12:56 pm, rdad...[at]panix.com (Dick Adams) wrote:
> > Contact charities for affirmation.
> > Contact Bank for cancelled checks microfiche.
> > Contact credit card companies for history of
> > 2005 transactions.

> Would fees to obtain these records (often they are bank and credit
> card fees for old statements, though the charitable contribution
> receipts are usually free to obtain) be deductible? I'm thinking
> perhaps as a misc deduction subject to the 2% limitation, but am not
> sure.


EVERY expense incurred while complying with an audit is deductible (as a
miscellaneous itemized deduction subject to the 2% of AGI floor).
- TC Memo 2003-232, where I personally proved that. - where the IRS tried
to deny me mileage costs for attending an audit.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #6  
Old 08-14-2008, 09:51 PM
Harlan Lunsford
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Default Re: Destroyed records

jbccpa wrote:
- quote -

> On Aug 12, 4:46 pm, Bill Brown <brow...[at]longwood.edu> wrote:
> > On Aug 12, 3:18 pm, jbccpa <bcoll...[at]satx.rr.com> wrote:
> > > > I have a new client who received an examination report by mail for his
> > > 2005 Form 1040. All the itemized deductions were disallowed.

> > Geez. I wonder what motivated the Service to audit all his itemized
> > deductions?

> The IRS allowed the property taxes and mortgage interest. They are
> questioning the charity and miscellaneous itemized.

My first reaction here was that taxpayer had not even responded to the
audit by mail letter. In fact this might actually BE the case, if that
mail audit letter was not even questioning those two items, but only
wanted documentation on the others.

Moral of the story: always respond to IRS correspondence.

ChEAr$,
Harlan Lunsford, EA n LA
(back from Baltimore and meeting our distinguished moderator.)

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 08-14-2008, 12:08 PM
Paul Thomas, CPA
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Posts: n/a
Default Re: Destroyed records


<removeps-groups[at]yahoo.com> wrote
- quote -

> On Aug 13, 12:56 pm, rdad...[at]panix.com (Dick Adams) wrote:
> > Contact charities for affirmation.
> > Contact Bank for cancelled checks microfiche.
> > Contact credit card companies for history of
> > 2005 transactions.

> Would fees to obtain these records (often they are bank and credit
> card fees for old statements, though the charitable contribution
> receipts are usually free to obtain) be deductible? I'm thinking
> perhaps as a misc deduction subject to the 2% limitation, but am not
> sure.





Yes. Unless they are for a business, like a Schedule C, corporate, etc.
Been there and done that with a client many a year ago.

If you have to go that route, obtain the bank statements first, then ask for
specific checks to shave the time it takes the bank to pull these old items.
Talk to the bank to see if they'll cut you any slack on the total fee.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 08-14-2008, 02:42 AM
removeps-groups@yahoo.com
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Posts: n/a
Default Re: Destroyed records

On Aug 13, 12:56 pm, rdad...[at]panix.com (Dick Adams) wrote:

- quote -

> Contact charities for affirmation.
> Contact Bank for cancelled checks microfiche.
> Contact credit card companies for history of
> 2005 transactions.


Would fees to obtain these records (often they are bank and credit
card fees for old statements, though the charitable contribution
receipts are usually free to obtain) be deductible? I'm thinking
perhaps as a misc deduction subject to the 2% limitation, but am not
sure.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 08-13-2008, 07:56 PM
Dick Adams
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Default Re: Destroyed records

jbccpa <bcollie6[at]satx.rr.com> wrote:
- quote -

> Bill Brown <brow...[at]longwood.edu> wrote:
> > jbccpa <bcoll...[at]satx.rr.com> wrote:


> > > I have a new client who received an examination report
> > > by mail for his 2005 Form 1040. All the itemized
> > > deductions were disallowed.


> > Geez. I wonder what motivated the Service to audit all
> > his itemized deductions?


> The IRS allowed the property taxes and mortgage interest.
> They are questioning the charity and miscellaneous itemized.


Contact charities for affirmation.
Contact Bank for cancelled checks microfiche.
Contact credit card companies for history of
2005 transactions.

Dick

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 08-13-2008, 04:37 PM
jbccpa
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Posts: n/a
Default Re: Destroyed records

On Aug 12, 4:46*pm, Bill Brown <brow...[at]longwood.edu> wrote:
- quote -

> On Aug 12, 3:18*pm, jbccpa <bcoll...[at]satx.rr.com> wrote:
> > I have a new client who received an examination report by mail for his
> > 2005 Form 1040. All the itemized deductions were disallowed.

> Geez. I wonder what motivated the Service to audit all his itemized
> deductions?


The IRS allowed the property taxes and mortgage interest. They are
questioning the charity and miscellaneous itemized.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 08-12-2008, 09:46 PM
Bill Brown
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Posts: n/a
Default Re: Destroyed records

On Aug 12, 3:18*pm, jbccpa <bcoll...[at]satx.rr.com> wrote:
- quote -

> I have a new client who received an examination report by mail for his
> 2005 Form 1040. All the itemized deductions were disallowed.


Geez. I wonder what motivated the Service to audit all his itemized
deductions?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 08-12-2008, 09:10 PM
Paul Thomas, CPA
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Posts: n/a
Default Re: Destroyed records


"jbccpa" <bcollie6[at]satx.rr.com> wrote
- quote -

> I have a new client who received an examination report by mail for his
> 2005 Form 1040. All the itemized deductions were disallowed. I wanted
> to respond to the report with documentation for the itemized
> deductions; but, the client's records were destroyed in a flood during
> 2007. I have suggested that he try to reconstruct the records by
> requesting copies of bank and credit card bills as well as documenting
> the casualty loss. Any other suggestions for this scenario?




The bulk of most itemized deductions are found on a few documents. W-2 and
canceled checks for state tax paid or withheld. Mortgage statement(s) for
any mortgage interest paid. Property tax bill and canceled check (or the
afore mentioned mortgage statement) cover the property tax paid. The
insurance company could provide info on premiums paid. Doctors could
provide info on payments you made for that year.

You should be able to cover most of it quite quickly and inexpensively
without having to get copies of every single canceled check as proof.

Also document the flooding as "cause" for the loss of better records.




--
Paul A. Thomas, CPA
Watkinsville, Georgia

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 08-12-2008, 07:18 PM
jbccpa
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Posts: n/a
Default Destroyed records

I have a new client who received an examination report by mail for his
2005 Form 1040. All the itemized deductions were disallowed. I wanted
to respond to the report with documentation for the itemized
deductions; but, the client's records were destroyed in a flood during
2007. I have suggested that he try to reconstruct the records by
requesting copies of bank and credit card bills as well as documenting
the casualty loss. Any other suggestions for this scenario?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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