In Uncategorized on 06/18/2014 at 16:25

Judge Ruwe reminds us of the exceptions to the draconian and much-reviled provisions of Section 274 for business truckers, per Section 280F(d)(4)(C), which “… provides that listed property under section 280F(d)(4)(A)(ii) does not include ‘property substantially all of the use of which is in a trade or business of providing to unrelated persons services consisting of the transportation of persons or property for compensation or hire.’” 2014 T. C. Memo. 122, at p. 6.

The whole cite is Lee Anthony Baker, 2014 T. C. Memo. 122, filed 6/18/14.

Now Lee Anthony Baker did run his Mack tractor and pull trailers he didn’t own, for Advantage Tank Lines, which he didn’t own, and he did work for others, so he’s an IC and can deduct based upon his less-than-perfect numbers (in fact he had nothing but some credible testimony).

Of course, he gets a lot less than he would have gotten if he had good numbers, like George M. (“Give My Regards to Broadway”) Cohan teaches us, plus the substantial understatement, non-filing, non-payment and non-withholding chops.

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