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03 November 2008

RE: [taxchat] Husband-Wife LLC & OIH

From Pub 587:
*********************************
Partners

You may be allowed to deduct unreimbursed ordinary and necessary expenses
you paid on behalf of the partnership (including qualified expenses for the
business use of your home) if you were required to pay these expenses under
the partnership agreement.

Use the Worksheet To Figure the Deduction for Business Use of Your Home,
near the end of this publication, to figure the deduction for the business
use of your home.

Deducting unreimbursed partnership expenses.   See the following forms and
related instructions for information about deducting unreimbursed
partnership expenses.
• Schedule E (Form 1040), Supplemental Income and Loss.
• Schedule SE (Form 1040), Self-Employment Tax.
• Schedule K-1 (Form 1065), Partner's Share of Income, Credits, Deductions,
etc.
******************************

So my take is, you deduct it just like any other unreimbursed partnership
expense, on a separate line on Sch E, right under the partnership income.
Don't use Form 8829, but instead, use the worksheet contained in the Pub
instead.

Chuck Warman,  CPA
Wichita Falls, TX
-------------------------------

From: taxchat@yahoogroups.com [mailto:taxchat@yahoogroups.com] On Behalf Of
Donna J. Perrone
Sent: Monday, November 03, 2008 7:30 AM
To: taxchat@yahoogroups.com
Subject: RE: [taxchat] Husband-Wife LLC & OIH

Lynne,
 
the whole question about this issue is NOT whether to file 2 Sch C's or file
a 1065.
 
My question was how should they take a deduction for Office in the Home
expenses, assuming that they will be filing a 1065?
 
 
Donna J. Perrone, EA
East Haven, CT
203-469-4939
203-468-2038 fax
 
 
IRS Circular 230 Disclosure: Unless expressly stated otherwise, any tax
advice contained herein, including attachments and enclosures, is not
intended or written to be used, and may not be used, for the purpose of (1)
avoiding tax-related penalties under the Internal Revenue Code or applicable
state or local tax law provisions, or (2) promoting, marketing or
recommending to another party any tax-related matters addressed herein.
 

________________________________________
From: taxchat@yahoogroups.com [mailto:taxchat@yahoogroups.com] On Behalf Of
Lynne Ayton
Sent: Monday, November 03, 2008 8:19 AM
To: taxchat@yahoogroups.com
Subject: Re: [taxchat] Husband-Wife LLC & OIH
maybe this is why i have always done a joint sched C for husb & wife.
lynne


Chuck Warman wrote:

The other interesting observation from the GearUp instructor was that, in
his opinion, the entire QJV code section 763(f) is redundant and basically
nuts. He said that any husband - wife partnership has always had this
option available to them statutorily, though he did not give me a cite for
that opinion.
 


------------------------------------

IRS Circular 230 Disclosure: Unless expressly stated otherwise in this transmission, any tax advice contained herein, forwarded with or attached to this message was not and is not intended to be used, nor may it be relied upon or used, by any taxpayer for the purpose of (1) the avoidance of any tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions, or (2) promoting, marketing or recommending to another party any tax transaction or tax-related matters that may be addressed herein.
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