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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29558
Experience:  Taxes, Immigration, Labor Relations
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This question is for Lev. He has answered a lot of tax questions

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This question is for Lev. He has answered a lot of tax questions for me in the past. Lev, I am having a problem looking for attorneys and CPAs who really understand the "statutory employee" status. They also haven't really had a case like mine where I was both 1099 in Washington for loans and W2 in Virginia for my commissions. One attorney actually said if the IRS wanted to be tough, they could say, "why didn't your boss reimburse you for all your expenses and make you w2 in Washington also. He said, then you wouldn't be able to write anything off. This attorney wanted $4,500 per year. He was so negative, I wouldn't hire him anyway. Lev, should I go to a law library to look up any similar cases like mine? I have a CPA in Pennsylvania who is very good, but he said he will have to do some research on this. My case seems to be different and I have another audit exam date of Nov. 25th coming up. Where should I look for a referral?

I seel sorry for your situation... unfortunately - there is very little I may help...

First of all if your employer doesn't want to treat you as a statutory employee - whatever the reason is - there is nothing you may do to force your boss. And you may not claim to the IRS that you are a statutory employee if your company did not treat you so.


I would rather agree with the attorney who stated - your employer should simply set an accountable plan and reimburse you with all expenses and reduce your W-2 wages by that amount - that would be the simplest solution to satisfy everyone. You might like or not that attorney - but whatever were said - seems very reasonable.


Unfortunately - I was not able to any references in additional to those provided.

But as your boss disagrees - those references would not help and you might concentrated to looking for additional deductions.

For instance - as your company doesn't provide you with the workspace - you may have home office deductions in additional to the office (that you pay - not your employer!)

If you would be able to deduct a home -office - any travel between your home and office would be business travel, etc...

Consult with your tax preparer - what else may be taken as deductions...


Customer: replied 8 years ago.

Lev, thanks for replying. Are you saying, that I need to come up with more deductions to offset the 2% rule?



It is never a bad idea to verify any overlooked deductions.

But in case of audit and facing possible penalties - that is the best approach.


It doesn't mean "to make up" deduction, but to evaluate your situation and see if you accidentally overlooked to deduct some legitimate business expenses..

Even you would not able to avoid additional taxable income - you might be able to reduce it.


As you were not able to convince your employer neither treat you as a statutory employee nor provide you with reimbursements for job related expenses - there is nothing you may do to force your boss.


Can you verify - what is the situation in other companies? You might know folks who are working in the same field but for different companies...


Lev and other Tax Specialists are ready to help you