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Mark D
Mark D, Enrolled Agent
Category: Tax
Satisfied Customers: 1304
Experience:  MBA, EA, Specializing in Business and Individual Tax Returns and Issues
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Im a professional firefighter and my work

Customer Reply

Customer: replied 9 years ago.
I''m a professional firefighter and my work schedule requires me to work 24hr shifts with an overnight stay. I would like to know if my meals are tax deductable, because I''m away from home for 24 hours, 10 times a month. Thanks....Dave in Colorado
Expert:  Mark D replied 9 years ago.
Customer

Are you required to contribute to a firehouse mess fund as a condition of your employment and the funds are in the custody of your employer? If so, you would be able to deduct these meals. If the plan is voluntary, you would not be able to deduct the meals.

Regards,

Mark D

Customer: replied 9 years ago.
what do you mean "custody of your employer". We have one person on our crew (senior firefighter)that collects chow fund money from each individual on our crew. That amount is based on total food cost divided for all the guys.
Customer: replied 9 years ago.
are you still there?
Expert:  Mark D replied 9 years ago.
Customer

The key item here is whether the "chow fund" in mandatory as a condition of employment. If in is not mandatory, the meals will not be deductible.

Regards,

Mark D

Customer: replied 9 years ago.
I'm looking at publication 463(2007 travel, gift etc.) Need help "tax home" definition. We travel away from home .....You are traveling away from home if:

-Your duties require you to be away from the general area of your tax home (defined later) substantially longer than an ordinary day's work, and

-You need to sleep or rest to meet the demands of your work while away from home.

Is this the same?
Expert:  Mark D replied 9 years ago.
Customer

The reference you need for this particular situation is SIBLA v. COMMISSIONER, 45 AFTR 2d 80-955 (611 F.2d 1260). In this case, the 9th circuit ruled the costs of meals for firefighter was only deductible if they were required to participate in a meal plan.

Regards,

Mark D