Friday, January 8, 2016

DOCTOR'S DEDUCTION FOR USE OF MOBILE OFFICE REDUCED

The Tax Court in Cartwright, TC Memo 2015-212 , held that a taxpayer was not entitled to depreciation and Section 179 expense deductions greater than the IRS allowed for the business use of a vehicle he used as a mobile office.

The taxpayer, an orthopedic surgeon, operated a medical practice and was also an on-call physician and staff surgeon at a hospital. As an on-call physician, the taxpayer was required to work a 24-hour period three days a month from Friday through Sunday. If he was notified to report to the hospital in emergency situations, he was required to arrive within one hour. In certain instances, he was instructed to respond to pages within 20 minutes and “stat” pages within five minutes. The taxpayer's home was 25 miles from the hospital.

In 2008, the taxpayer purchased a Navigator. He drove it from his home to the hospital when he reported for on-call duty. He parked in the hospital parking lot near its emergency room so that he could rest and sleep in the Navigator when he was not needed at the hospital. Because the taxpayer suffers from very serious and chronic medical conditions, he thought that the Navigator would help him better service his patients. In the Navigator, he reviewed charts on his computer and referred to medical books. He did not treat patients in the Navigator. The taxpayer and his wife maintained mileage logs for their business and personal use of the vehicle in 2008 and 2009.

The taxpayer and his wife jointly filed timely returns. They reported business expense deductions for depreciation and Section 179 expenses for the business use of the Navigator for 2008 and 2009 in the respective amounts of 85% and 100%. They did not explain how they determined these percentages.

The IRS issued a deficiency notice in which it determined the taxpayer's business use percentages to be 19.42% or 948 miles for 2008 and 22.23% or 663.68 miles for 2009. The IRS found that according to the taxpayer's logs, the Navigator was used mostly for personal reasons. The IRS contended that the allowable depreciation deductions and Section 179 expenses for the Navigator should have been allocated between business and personal use.

The taxpayer argued that the Navigator was used as a mobile office for 85% of the time he was performing on-call duties in 2008 and 100% of the time for such periods in 2009. He testified that because of his health problems, he was better able to serve his patients by using the Navigator, and it saved the cost of renting an office near the hospital. However, the court was not convinced that he was entitled to allocate 85% and 100% of the vehicle's use for his business. The evidence showed that his business use of the Navigator was 27 days for 2008 and 36 days in 2009 and that both he and his wife used it for personal purposes for the remainder of the time. The court found that the IRS's determinations were fair, reasonable, and correct. Therefore, it sustained the IRS's business use percentages for the Navigator.

If you have any questions on this topic or would like to discuss some planning strategies with me, please call. I look forward to hearing from you. Click this link to view our YouTube video http://youtu.be/EYJdQtbPZAI
Amare Berhie, Senior Tax Accountant

(651) 621-5777

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