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Old 03-30-2009, 06:56 PM
Gene E. Utterback, EA, RFC, ABA
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Default Re: moving expense


"Mark Bole" <makbo[at]pacbell.net> wrote in message
news:O_Wzl.24943$yr3.10760[at]nlpi068.nbdc.sbc.com...
- quote -

> D. Stussy wrote:
> > > (B) of traveling (including lodging) from the former
> > > residence to the new place of residence.
> > > So lodging deduction depends on being in a state of travel, not just
> > > hanging around your new town.
> > > OK, but that is conditioned upon having a new residence available for

> > use.
> > One remains in a state of travel if there is NO new residence yet secured
> > (i.e. it hasn't been found or identified yet, or not available due to a
> > previous occupant).

> The law says "place of residence", which both I and the IRS interpret to
> be different from a residence itself. Where is it "conditioned" on
> anything? Nothing says the residence has to be permanent, so a temporary
> hotel stay would still be *in* "the new place of residence" and so not
> count as part of the travel *to* the new place of residence.
> -Mark Bole


Mark hit this one right on the head.

Back in the old days you were allowed 30-days of temporary housing when you
moved. However that was taken from us many years ago - maybe 12 or more
years ago.

Gene E. Utterback, EA, RFC, ABA

--
<< ------------------------------------------------------- > << 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 03-30-2009, 03:27 AM
Mark Bole
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Posts: n/a
Default Re: moving expense

D. Stussy wrote:

- quote -

> > (B) of traveling (including lodging) from the former
> > residence to the new place of residence.


> > So lodging deduction depends on being in a state of travel, not just
> > hanging around your new town.

> OK, but that is conditioned upon having a new residence available for use.
> One remains in a state of travel if there is NO new residence yet secured
> (i.e. it hasn't been found or identified yet, or not available due to a
> previous occupant).


The law says "place of residence", which both I and the IRS interpret to
be different from a residence itself. Where is it "conditioned" on
anything? Nothing says the residence has to be permanent, so a
temporary hotel stay would still be *in* "the new place of residence"
and so not count as part of the travel *to* the new place of residence.

-Mark Bole

--
<< ------------------------------------------------------- > << 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 03-30-2009, 01:59 AM
D. Stussy
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Posts: n/a
Default Re: moving expense

"Mark Bole" <makbo[at]pacbell.net> wrote in message
news:VcAzl.3033$im1.2555[at]nlpi061.nbdc.sbc.com...
- quote -

> D. Stussy wrote:
> > Traditionally, up to 30 days of temporary lodging were acceptable - as
> > household items are often trucked across the country plus loading and
> > unloading times while people fly, and if renting, sometimes one has to

wait
> > until the next first-of-the-month. I'd want something more than a
> > publication if this has in fact been changed in the law. I don't see

the 8
> > days as a problem, but I haven't seen anyone with moving expenses for a

few
> > years.
> > Perhaps you are thinking of the 30 days of *storage* costs that can be

> deducted? I don't think the moving expense deduction law has changed in
> decades, has it?
> " For purposes of this section, the term "moving expenses" means
> only the reasonable expenses -
> (A) of moving household goods and personal effects from the
> former residence to the new residence, and
> (B) of traveling (including lodging) from the former
> residence to the new place of residence.
> Such term shall not include any expenses for meals."
> So lodging deduction depends on being in a state of travel, not just
> hanging around your new town.


OK, but that is conditioned upon having a new residence available for use.
One remains in a state of travel if there is NO new residence yet secured
(i.e. it hasn't been found or identified yet, or not available due to a
previous occupant).

--
<< ------------------------------------------------------- > << 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 03-29-2009, 12:33 AM
Mark Bole
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Posts: n/a
Default Re: moving expense

D. Stussy wrote:

- quote -

> Traditionally, up to 30 days of temporary lodging were acceptable - as
> household items are often trucked across the country plus loading and
> unloading times while people fly, and if renting, sometimes one has to wait
> until the next first-of-the-month. I'd want something more than a
> publication if this has in fact been changed in the law. I don't see the 8
> days as a problem, but I haven't seen anyone with moving expenses for a few
> years.


Perhaps you are thinking of the 30 days of *storage* costs that can be
deducted? I don't think the moving expense deduction law has changed in
decades, has it?


" For purposes of this section, the term "moving expenses" means
only the reasonable expenses -
(A) of moving household goods and personal effects from the
former residence to the new residence, and
(B) of traveling (including lodging) from the former
residence to the new place of residence.

Such term shall not include any expenses for meals."

So lodging deduction depends on being in a state of travel, not just
hanging around your new town.

-Mark Bole

--
<< ------------------------------------------------------- > << 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 03-28-2009, 05:31 PM
D. Stussy
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Posts: n/a
Default Re: moving expense

"Mark Bole" <makbo[at]pacbell.net> wrote in message
news:Zshzl.16924$as4.426[at]nlpi069.nbdc.sbc.com...
- quote -

> kevinwat[at]gmail.com wrote:
> > I moved from one state to another and then started my job in 2008. I
> > had to stay in a hotel for 8 days before I could find an apartment.

> Besides lodging during your journey from old to new residence, only the
> following is deductible (from Pub 521):
> "You can include any lodging expenses you had in the
> area of your former home within one day after you could no
> longer live in your former home because your furniture had
> been moved."


Traditionally, up to 30 days of temporary lodging were acceptable - as
household items are often trucked across the country plus loading and
unloading times while people fly, and if renting, sometimes one has to wait
until the next first-of-the-month. I'd want something more than a
publication if this has in fact been changed in the law. I don't see the 8
days as a problem, but I haven't seen anyone with moving expenses for a few
years.

--
<< ------------------------------------------------------- > << 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 03-28-2009, 03:12 AM
Mark Bole
Guest
 
Posts: n/a
Default Re: moving expense

kevinwat[at]gmail.com wrote:


- quote -

> I moved from one state to another and then started my job in 2008. I
> had to stay in a hotel for 8 days before I could find an apartment.


Besides lodging during your journey from old to new residence, only the
following is deductible (from Pub 521):

"You can include any lodging expenses you had in the
area of your former home within one day after you could no
longer live in your former home because your furniture had
been moved."


-Mark Bole

--
<< ------------------------------------------------------- > << 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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