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New England-based regional carrier M&D Transportation selects Per Diem Plus API for Samsara to raise driver pay and improve operational efficiency of its 20-vehicle fleet.
“The API was quick and easy to set up and was a significant factor in our choosing Per Diem Plus for Samsara.”
Mike Collins, President
Per Diem Plus® Fleets is a configurable mobile application enterprise platform that automates administration of an IRS-compliant accountable per diem plan for truck drivers and fleets managers operating in the USA and Canada. The Per Diem Plus API integration utilizes the Samsara GPS gateway to establish IRS-required “time, date and place” substantiation to prove away-from-home travel. No matter how big or small your company is, Per Diem Plus has a solution for you.
M&D Transportation was founded by Michael and David Collins. Having worked in all aspects of the transportation industry through other family businesses, the two brothers decided to go on their own in 1987 and were granted full operating authority in 1988. Mainly focused on local and intermodal transportation they saw a need for a niche carrier to service dedicated, over the road and supply chain logistics. Currently, M&D Transportation has become a multi‐mode asset fleet, servicing local, mid‐range and long-haul markets.
Use our Fleet Per Diem Benefit Calculator to learn how much your fleet can save with Per Diem Plus.
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Per Diem Plus is a proprietary software application that was designed by truckers and built by tax pros. It is the only IRS-compliant, GPS-integrated and mobile-enabled application for iOS and Android that automatically tracks each qualifying day of travel in the USA & Canada and replaces ELD backups (logbooks) to substantiate away-from-home travel.
Samsara is the pioneer of the Connected Operations Cloud, which allows businesses that depend on physical operations to harness IoT (Internet of Things) data to develop actionable business insights and improve their operations. Samsara operates in North America and Europe and serves tens of thousands of customers across a wide range of industries including transportation, wholesale and retail trade, construction, field services, logistics, utilities and energy, government, healthcare and education, manufacturing, and food and beverage. The company's mission is to increase the safety, efficiency, and sustainability of the operations that power the global economy at www.samsara.com.
Copyright 2023 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®
St. Louis-based Mido's Trucking, a truckload carrier, transitions from PDP Fleets mobile app to Per Diem Plus API for Samsara to further streamline operational efficiency of its 100-vehicle fleet.
Per Diem Plus® Fleets is a configurable mobile application enterprise platform that automates administration of an IRS-compliant accountable per diem plan for truck drivers and fleets managers operating in the USA and Canada. The Per Diem Plus API integration utilizes the Samsara GPS gateway to establish IRS-required “time, date and place” substantiation to prove away-from-home travel. No matter how big or small your company is, Per Diem Plus has a solution for you.
Mido Selimovic came to the US in 1999 as an 18-year-old refugee from Vlasenica, Bosnia-Herzegovina where his family struggled to stay alive in a country destroyed by the Bosnian War. At age 25 Mido entered the transportation industry by purchasing his first truck. In 2008, he opened Mido's Trucking with his sole purpose being to provide a workplace for fellow war refugees who were looking for a reliable carrier they could work for and call their home. Since starting Mido’s 15 years ago the company has grown to 100 trucks serving 48 states with the help of his wife Azra, a fellow refugee who fled Kozarska-Dubic at the outset of the war when she was 12.
As with many small businesses in America, Mido’s is a family affair with many relatives working for the company as drivers, dispatchers and mechanics. Mido’s mission as refugee haven remains unchanged to this day; they employ drivers from Africa, Asia, Bulgaria, Eastern Europe and Thailand looking for an opportunity to make a fresh start in the USA.
Learn more about Mido's Trucking, LLC services HERE
Use our Fleet Per Diem Benefit Calculator to learn how much your fleet can save with Per Diem Plus.
Related articles
Use Per Diem to Raise Trucker Pay to Attract New Drivers
Implementing Per Diem Plus® FLEETS into Your Fleet to Ensure a Smooth Rollout
Raise Driver Take-Home Pay with Per Diem
Per Diem Plus is a proprietary software application that was designed by truckers and built by tax pros. It is the only IRS-compliant, GPS-integrated and mobile-enabled application for iOS and Android that automatically tracks each qualifying day of travel in the USA & Canada and replaces ELD backups (logbooks) to substantiate away-from-home travel.
Samsara is the pioneer of the Connected Operations Cloud, which allows businesses that depend on physical operations to harness IoT (Internet of Things) data to develop actionable business insights and improve their operations. Samsara operates in North America and Europe and serves tens of thousands of customers across a wide range of industries including transportation, wholesale and retail trade, construction, field services, logistics, utilities and energy, government, healthcare and education, manufacturing, and food and beverage. The company's mission is to increase the safety, efficiency, and sustainability of the operations that power the global economy at www.samsara.com.
Copyright 2023 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®
Rochester, Michigan-based Sharco Express, a full truckload, LTL, expedited, and cross border transportation services fleet raises driver pay and improves operational efficiency of its 100-vehicle fleet using Per Diem Plus API for Samsara.
Per Diem Plus® Fleets is a configurable mobile application enterprise platform that automates administration of an IRS-compliant accountable per diem plan for truck drivers and fleets managers operating in the USA and Canada. The Per Diem Plus API integration utilizes the Samsara GPS gateway to establish IRS-required “time, date and place” substantiation to prove away-from-home travel. No matter how big or small your company is, Per Diem Plus has a solution for you.
Sharco Express was founded in 2008 by George Franczyk and his wife Joy in their family kitchen after nearly 20 years on the road as an owner-operator, buying one truck at a time. Now in its 2nd generation of family ownership, the company has grown to nearly 100 trucks and 200 trailers out of the main 25,000 square foot company terminal in Burton, MI.
Learn more about Sharco Express services HERE
Use our Fleet Per Diem Benefit Calculator to learn how much your fleet can save with Per Diem Plus.
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Introducing Per Diem Plus Small Fleets
Per Diem Plus is a proprietary software application that was designed by truckers and built by tax pros. It is the only IRS-compliant, GPS-integrated and mobile-enabled application for iOS and Android that automatically tracks each qualifying day of travel in the USA & Canada and replaces ELD backups (logbooks) to substantiate away-from-home travel.
Samsara is the pioneer of the Connected Operations Cloud, which allows businesses that depend on physical operations to harness IoT (Internet of Things) data to develop actionable business insights and improve their operations. Samsara operates in North America and Europe and serves tens of thousands of customers across a wide range of industries including transportation, wholesale and retail trade, construction, field services, logistics, utilities and energy, government, healthcare and education, manufacturing, and food and beverage. The company's mission is to increase the safety, efficiency, and sustainability of the operations that power the global economy at www.samsara.com.
Copyright 2023 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®
“First in excellence” carrier Arka Express selects Per Diem Plus for Samsara to raise driver pay and operational efficiency of its 400-vehicle fleet.
“The API was quick and easy to set up and run, which was a significant factor in our choosing Per Diem Plus for Samsara.”
Art Astrauskas, President
Per Diem Plus® Fleets is a configurable mobile application enterprise platform that automates administration of an IRS-compliant accountable per diem plan for truck drivers and fleets managers operating in the USA and Canada. The Per Diem Plus API integration utilizes the Samsara GPS gateway to establish IRS-required “time, date and place” substantiation to prove away-from-home travel. No matter how big or small your company is, Per Diem Plus has a solution for you.
Arka Express has evolved from a small 35-unit carrier located out of Markham, IL, to an elite, state-of-the-art fleet of 400 units built by the top transportation professionals in the industry in only 10 years.
In addition to the Markham terminal, they are currently establishing headquarters in Indiana, Atlanta and New Jersey as they continue to deliver services throughout the Midwest, East Coast and Southeast with a 400-mile regional radius in both Chicago and Atlanta. In addition, they also developed an OTR presence from the Dakotas to Florida—and everything in between.
Learn more about Arka Express services HERE
Use our Fleet Per Diem Benefit Calculator to learn how much your fleet can save with Per Diem Plus.
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Introducing Per Diem Plus Small Fleets
Per Diem Plus is a proprietary software application that was designed by truckers and built by tax pros. It is the only IRS-compliant, GPS-integrated and mobile-enabled application for iOS and Android that automatically tracks each qualifying day of travel in the USA & Canada and replaces ELD backups (logbooks) to substantiate away-from-home travel.
Samsara is the pioneer of the Connected Operations Cloud, which allows businesses that depend on physical operations to harness IoT (Internet of Things) data to develop actionable business insights and improve their operations. Samsara operates in North America and Europe and serves tens of thousands of customers across a wide range of industries including transportation, wholesale and retail trade, construction, field services, logistics, utilities and energy, government, healthcare and education, manufacturing, and food and beverage. The company's mission is to increase the safety, efficiency, and sustainability of the operations that power the global economy at www.samsara.com.
Copyright 2023 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®
Battle Creek, Michigan-based Behnke, Inc raises driver pay and improves operational efficiency of its 55-vehicle fleet using Per Diem Plus API for Samsara.
Per Diem Plus® Fleets is a configurable mobile application enterprise platform that automates administration of an IRS-compliant accountable per diem plan for truck drivers and fleets managers operating in the USA and Canada. The Per Diem Plus API integration utilizes the Samsara GPS gateway to establish IRS-required “time, date and place” substantiation to prove away-from-home travel. No matter how big or small your company is, Per Diem Plus has a solution for you.
Behnke Inc. is a family-owned trucking business that has been a part of southern Michigan for more than 85 years. Based in Battle Creek, Michigan, Behnke Inc. was started in 1930 after Carl Behnke bought out the Lafler Moving Company. Under Behnke Inc. he continued to handle moving jobs throughout the Midwest. One of the first major jobs Behnke Inc. had was to move the famous magician Harry Blackstone to his various shows around the Midwest. Four generations later, we’re proud to remain a family-orientated business and one of Battle Creek’s longest standing businesses. Today Behnke Inc. is one of the largest transportation firms in the Battle Creek-Kalamazoo area. We move freight across the U.S., but the majority of our business is moving freight within the Midwest area.
Learn more about Behnke services HERE
Use our Fleet Per Diem Benefit Calculator to learn how much your fleet can save with Per Diem Plus.
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Introducing Per Diem Plus Small Fleets
Per Diem Plus is a proprietary software application that was designed by truckers and built by tax pros. It is the only IRS-compliant, GPS-integrated and mobile-enabled application for iOS and Android that automatically tracks each qualifying day of travel in the USA & Canada and replaces ELD backups (logbooks) to substantiate away-from-home travel.
Samsara is the pioneer of the Connected Operations Cloud, which allows businesses that depend on physical operations to harness IoT (Internet of Things) data to develop actionable business insights and improve their operations. Samsara operates in North America and Europe and serves tens of thousands of customers across a wide range of industries including transportation, wholesale and retail trade, construction, field services, logistics, utilities and energy, government, healthcare and education, manufacturing, and food and beverage. The company's mission is to increase the safety, efficiency, and sustainability of the operations that power the global economy at www.samsara.com.
Copyright 2023 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®
World class automotive transporter Virginia Transportation raises driver pay and improves operational efficiency of its 550-vehicle fleet using Per Diem Plus API for Samsara.
Per Diem Plus® Fleets is a configurable mobile application enterprise platform that automates administration of an IRS-compliant accountable per diem plan for truck drivers and fleets managers operating in the USA and Canada. The Per Diem Plus API integration utilizes the Samsara GPS gateway to establish IRS-required “time, date and place” substantiation to prove away-from-home travel. No matter how big or small your company is, Per Diem Plus has a solution for you.
Virginia Transportation Corporation was founded in 1994 and has since transformed from a one-truck company to a premier nationwide vehicle carrier and network logistics service provider. Our clientele includes renowned automobile manufacturers, car dealerships, and automotive auctions, among others.
From the port to the rail yard, from the manufacturing facility to the dealership, and everywhere in between, we work with most major Automobile Manufacturers and Logistics Service Providers in the United States and Canada to ensure that we are meeting the needs of our Customers quickly, safely, and efficiently.
Learn more about Virginia Transportation services HERE
Use our Fleet Per Diem Benefit Calculator to learn how much your fleet can save with Per Diem Plus.
Related articles
Beware: Firms Promoting Illegal Trucker Per Diem Programs
Unlock Fleet Savings With Per Diem Amid Economic Uncertainty
Introducing Per Diem Plus Small Fleets
Per Diem Plus is a proprietary software application that was designed by truckers and built by tax pros. It is the only IRS-compliant, GPS-integrated and mobile-enabled application for iOS and Android that automatically tracks each qualifying day of travel in the USA & Canada and replaces ELD backups (logbooks) to substantiate away-from-home travel.
Samsara is the pioneer of the Connected Operations Cloud, which allows businesses that depend on physical operations to harness IoT (Internet of Things) data to develop actionable business insights and improve their operations. Samsara operates in North America and Europe and serves tens of thousands of customers across a wide range of industries including transportation, wholesale and retail trade, construction, field services, logistics, utilities and energy, government, healthcare and education, manufacturing, and food and beverage. The company's mission is to increase the safety, efficiency, and sustainability of the operations that power the global economy at www.samsara.com.
Copyright 2023 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®
Drivers have spoken! Based on user feedback Per Diem Plus introduces Small Fleets, which enables drivers to customize settings and automate features within the Per Diem Plus mobile app.
Small Fleets will automatically track each qualifying day and partial day of travel away from home in the US and Canada.
PDP Small Fleets requires users to complete the account setup HERE before using the app.
IRS-Compliant: Per Diem Plus® is the only IRS-compliant, mobile-enabled application for iOS and Android that automatically tracks each qualifying day of travel in the USA & Canada to substantiate away-from-home travel for solo and team drivers.
GPS-Based Tracking: Per Diem Plus utilizes a devices GPS to establish IRS-required “time, date and place” substantiation to prove away-from-home travel
Proven: Drivers have logged millions of miles using Per Diem Plus! Join those that value their time, love to eliminate inefficient paperwork, and want to simplify tax compliance and save money.
Easy Setup: An IRS-compliant cloud-based mobile app platform that allows for rapid deployment.
Secure Login: Two-Factor authentication with fleet code and driver ID login.
Data Plan Friendly: The average user on the road for a month will use less than 50MB per month.
Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.
Copyright 2023 Mark Sullivan Consulting, PLLC; Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®
On September 22, 2022 the US Treasury's Financial Crimes Enforcement Network (FinCEN) issued final rules requiring beneficial ownership reporting for small businesses, i.e. single truck owner operators. The rule requires businesses to file reports with FinCEN that identify two categories of individuals:
This rule requires most corporations, LLC's and similar businesses created in or registerd to do business in the United States to report (disclose) information about their beneficial owners to FinCEN. The rules came out of Corporate Transparency Act passed by the Biden administration in January 2021.
The purpose of the new reporting rule is to allow the Federal government to create a national database of information concerning the individuals who, directly or indirectly, own a substantial interest in, or substantial control over (beneficial owners) certain types of domestic and foreign entities.
Penalties for failure to file reports: $500 per day!
Domestic reporting company – any entity that is a corporation, a limited liability company, or otherwise created by the filing of a document with a secretary of state or similar office.
Foreign reporting company – any entity formed under the law of a foreign country and registered to do business in any U.S. state by the filing of a document with a secretary of state or similar office.
There is also an exemption for entities that employ more than 20 full-time employees in the U.S., have an operating presence at a physical office in the U.S., and demonstrate more than $5 million in gross receipts or sales on their federal income tax return (excluding receipt/sales from sources outside the U.S.). If a company falls below these thresholds in the future, a report must be filed within 30 days. An updated report is required if a reporting company later becomes eligible for the exemption.
The Corporate Transparency Act is an expansion of anti-money laundering laws and is intended to help prevent and combat money laundering, terrorist financing, corruption, tax fraud, and other illicit activity. Broadly speaking, it requires most U.S. business to disclose to the federal government in reports about who owns their business and lumps ordinary small businesses in with the nefarious underworld. Will this new rule deter illicit activity? Probably not but it ensures registering with FinCEN as opposed to running their business now becomes the single most important priority for American businesses lest they go bankrupt from the $500 per day penalties!
PDP Small Fleets requires users to complete the account setup HERE before using the app.
Mark is tax counsel for Per Diem Plus. With nearly two decades of experience advising trucking companies on per diem issues, Mark was responsible for defining the Per Diem Plus software logic rules that automatically calculates trucker per diem in accordance with IRS regulations. He also previously served as the consulting per diem tax expert for Omnitracs.
In addition to his time working with Per Diem Plus, Mark works in private practice as an Enrolled Agent at Mark Sullivan Consulting, PLLC specializing in federal tax controversy representation and consulting. He also served as the consulting and expert witness for the Federal Defenders Office and private defense counsel in financial crimes cases in multiple federal district courts. Contact Mark W. Sullivan, EA
Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.
Copyright 2023 Mark Sullivan Consulting, PLLC; Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®
Additional references:
"The Corporate Transparency Act: Questions and Answers", Jonathan A. Greene and Casandra J. Creekman, WrickRobbins, March 1, 2023
A motor carrier with 55 over-the-road drivers received this convoluted email explanation from their trucker per diem solution provider who claims to have thousands of drivers covered by their plan. It was sent in response to the Per Diem Plus tax pros reviewing the plan details and advising the driver per diem program would be classified as a nonaccountable plan that produces over $415,000 of improper employee business expenses, evades over $100,000 of taxes and mischaracterizes over $1.2 million of driver wages.
"Your trucking company is using the lodging option, so your amounts are $59 for meals and $74 for lodging. Meal per diem can be awarded each day, while lodging is limited to 2 days a week. Lodging can be used but it follows some different rules. The daily total is limited to $155 which we stay well under to ensure compliance. Lodging has always been 100% deductible, that's why some people use that option. Both options (meals and incidentals only; meals and incidentals and lodging) are compliant with IRS regulations."
Copied from promotor email
See IRS Rev. Proc. 2011-47.1, 3.01(1), 4.04 and 6.06; Rev. Proc. 2000-39, 2000-9 Sec. 4.04, Notice 2000-48, IRC 267(b), Tres. Reg. Sec 1.274-5(c)(2)(iii)
The following analysis is based 55 over-the-road drivers working 51 weeks annually, paid a twice-weekly $74 lodging per diem and 20% effective corporate income tax rate:
Under a nonaccountable plan the per diem is included in an employee's gross wages and reported on Form W-2. The following analysis is based 55 over-the-road drivers who travel away from home 255 nights per year
The word salad explanation provided by the per diem solution promotor is reminiscent of listed tax transactions that have the potential for tax avoidance or evasion. Any trucking company that is considering implementing or modifying a driver per diem program needs to carefully review the IRS guidelines. If the tax professional they are using raises questions about the accuracy of the promoters claims, people should listen to their advice.
Have you been approached by one of these "lodging per diem" promoters? Contact us HERE to anonymously tell us about your experience.
PDP Small Fleets requires users to complete the account setup HERE before using the app.
Mark is tax counsel for Per Diem Plus. With nearly two decades of experience advising trucking companies on per diem issues, Mark was responsible for defining the Per Diem Plus software logic rules that automatically calculates trucker per diem in accordance with IRS regulations. He also previously served as the consulting per diem tax expert for Omnitracs.
In addition to his time working with Per Diem Plus, Mark works in private practice as an Enrolled Agent at Mark Sullivan Consulting, PLLC specializing in federal tax controversy representation and consulting. He also served as the consulting and expert witness for the Federal Defenders Office and private defense counsel in financial crimes cases in multiple federal district courts. Contact Mark W. Sullivan, EA
Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.
Copyright 2023 Mark Sullivan Consulting, PLLC; Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®
Bonnie is an Amazing Race superfan recently selected to participate in the upcoming season of the reality TV show. Contestants are required to have a valid U.S. passport and submit their passports to obtain visas for the countries that may be visited during filming. Our fictitious character, Bonnie, subsequently received IRS Notice CP508C informing her that the State Department had revoked her passport.
Bonnie's devastation is courtesy of the IRS and State Department implementing in January 2018 provisions of the 2015 Fixing America's Surface Transportation (FAST) Act to deny issuance or renewal of a passport to taxpayer’s owing more than $50,000 in delinquent taxes (adjusted for inflation). The law also allowed the State Department to revoke or limit a passport previously issued to a delinquent taxpayer living overseas allowing only for direct return to the United States.
"IRS collects $1.2 billion in less than two years from taxpayers with the passport revocation program who the IRS certified to the State Department as being seriously delinquent in their tax debt."
Internal Revenue Service
Note: The IRS will not reverse the passport certification just because you pay the debt below the threshold
The IRS certifies seriously delinquent tax debt to the State Department. Seriously delinquent tax debt is an individual's unpaid, legally enforceable federal tax debt (including interest and penalties) totaling more than $55,000 (adjusted yearly for inflation) for which a:
Some tax debt is not included in seriously delinquent tax debt such as:
In addition, the IRS will not certify anyone as owing a seriously delinquent tax debt:
No. The IRS will postpone certification only while an individual is serving in a designated combat zone or participating in a contingency operation.
The IRS may ask the State Department to exercise its authority to revoke your passport. For example, the IRS may recommend revocation if the IRS had reversed your certification because of your promise to pay, and you failed to pay. The IRS may also ask the State Department to revoke your passport if you could use offshore activities or interests to resolve your debt but choose not to.
Before the IRS sends a revocation referral to the State Department, the IRS will send you Letter 6152 asking you to call the IRS within 30 days to resolve your account to prevent this action.
The IRS will send a taxpayer Notice CP508R at the time it reverses certification. The IRS will reverse a certification when:
The IRS will make this reversal within 30 days and provide notification to the State Department as soon as practicable.
The IRS will not reverse certification if your request for a collection due process hearing or innocent spouse relief is on a debt that's not certified. Also, the IRS will not reverse the certification because you pay the debt below the threshold.
The State Department will notify you in writing, if the State Department denies your U.S. passport application or revokes your U.S. passport.
If you need your U.S. passport to keep your job, once the IRS certifies your seriously delinquent tax debt to the State Department, you must fully pay the balance or make an alternative payment arrangement to have your certification reversed.
Do not wait to resolve outstanding IRS issues! The FAST Act will wreak havoc on taxpayers owing the IRS at least $55,000 that need to apply for or renew their U.S. passport to keep their jobs or have imminent foreign travel planned.
PDP Small Fleets requires users to complete the account setup HERE before using the app.
Mark is tax counsel for Per Diem Plus. With nearly two decades of experience advising trucking companies on per diem issues, Mark was responsible for defining the Per Diem Plus software logic rules that automatically calculates trucker per diem in accordance with IRS regulations. He also previously served as the consulting per diem tax expert for Omnitracs.
In addition to his time working with Per Diem Plus, Mark works in private practice as an Enrolled Agent at Mark Sullivan Consulting, PLLC specializing in federal tax controversy representation and consulting. He also served as the consulting and expert witness for the Federal Defenders Office and private defense counsel in financial crimes cases in multiple federal district courts. Contact Mark W. Sullivan, EA
Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.
Copyright 2023 Mark Sullivan Consulting, PLLC; Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®
[i] IRS Rev. Proc. 2011-47 (most recently superseded by 2017-42) & IRC 162(a)(2); Reg 1.162-2) A tax deduction is allowed for ordinary and necessary traveling expenses incurred by a taxpayer while away from home in the conduct of a trade or business. A truck driver is not away from home unless his or her duties require the individual to be away from the general area of his or her tax home for a period substantially longer than an ordinary workday and it is reasonable to need rest or sleep.
[ii] Rev. Ruling 75-432
[iii] HATEM ELSAYED, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 8935-07S. Filed May 26, 2009
