Tax Case

2022 Words Apr 28th, 2016 9 Pages
TO: File
FROM:
RE: Helen Hanks

Facts
Helen Hanks, who lives in San Francisco, California, has just been promoted to manager of the divisional office. However, the divisional office is located in Portland, Oregon. Helen’s significant other, Tom Hunt, will be moving with her to Portland. Helen’s children from a previous marriage will also be joining her in Portland. The children have been living with their father in Spain for the past year.
Helen easily sells the San Francisco house in which she and Tom live. Helen is the sole owner of the house. However, she has a harder time finding the right home in Portland. Helen has to make several trips to Portland before buying a house under construction. It will not be available for
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The employer also reimburses Helen for 50 percent of the total hotel and meal costs while she and Tom were in Portland and waiting for the completion of their home.

Issue and Conclusion 1
Can Helen deduct her general moving expenses?

Yes, Helen can deduct her general moving expenses

Analysis 1
In order to deduct her moving expenses, she must meet certain conditions outlined in Reg. 1.217-2 (c). Helen meets the first two requirements (relevance to work test and distance test) without any issue. The third requirement has not yet been met yet though. This requirement is a minimum period of employment. Since she is a full-time employee, she must work full-time in this general location for at least 39 weeks during the 12 month period after the move. This does not mean she is not required to remain employed at her current place of work to meet this test. Even though she does not meet this requirement yet, she can deduct these expenses on the current years return or the year the reimbursement is paid to her by her employer. If she recognizes the expenses on this year’s return and does not end up meeting the requirement, she will have to include the deductions she took on this year’s return in next year’s gross income.

Issue and Conclusion 2
Can Helen deduct the traveling expenses she incurred when house hunting?

Yes, Helen may
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