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Hi everyone.

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This is the how to lower your tax bill podcast.

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I'm your host, Terrence Hutchins.

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I'm a financial and tax advisor in the Dallas forward area.

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And the goal of this podcast is to help you listeners get educated with different tax

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strategies that you can implement to improve your tax situation immediately.

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Each episode will break down useful tax tips you can use to save money, no matter what

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your personal or business income situation.

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Because our motto is, keep more of what you earn.

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So let's get into today's episode.

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It's good to be back with you.

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Today's episode, we are going to be talking to you self-employed listeners out there.

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So whether you're a freelancer, a small business owner or running a side hustle, hopefully

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you're taking some notes because I'll be breaking down some tax deduction strategies

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to help you save on your taxes.

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So let's dive into today's topic, the basics for self-employed individuals.

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As I'm talking, normally we have to differentiate tax world from the real world.

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All right.

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And many times people say that they want to start a business.

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They will tell me, hey, I need to save money on taxes, so I need to start a business.

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Well, the IRS is going to say, okay, why would you want to start a business so you can save

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money on taxes?

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The point of you starting a business is for you to make money.

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And so when they look at it, they say you have to have a profit motive for this business

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that you're trying to start.

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And so from a planning standpoint, I would say, hey, look, with the business that you're

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starting, we're not looking to potentially reduce your overall tax bill.

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So the last year you paid 15,000, we're not going to now pay 14,000.

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All right.

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Now, depending on the business you're in, that might be the case, depending on how much

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cost it takes upfront.

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But generally, we want you to start making money immediately.

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And ideally, you could say, hey, I could go make more money at my job doing maybe work

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that I don't enjoy as much, or I can actually do it in this business that I really enjoy.

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And the percentage of tax that I pay on my next dollar will actually be less.

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In fact, there's a story Ronald Reagan, one of the things that led him to help change

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the tax code was he was an actor and he realized, okay, if I make another movie this year, I'm

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only going to be able to keep 8% of my income.

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He was at the top tax bracket at the time.

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So he said, hey, I'm only going to make another $8,000 for every $100,000 I make extra.

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So that's not very motivating.

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So if you can now say, hey, instead of me making 8% of my income on the next dollar

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I make, if I can make 80 or 90%, which is more than what I would have otherwise, then

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that can be a great thought on how you're going to look at your tax situation once you

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have this business.

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But anyway, as it relates to the actual definition, the IRS says a business is something that

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you're participating in regularly with the primary persons of earning a profit.

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So if it's a hobby or it's just something you're doing sporadically, it's not considered

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a business for tax purposes.

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So you're not going to just be claiming tax deductions for expenses that didn't have any

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business purpose.

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Now you can, I'm not saying that you will get caught, but if you weren't get audited,

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you're just not going to prove that unless you had some type of business purpose behind

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what you were doing.

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So when it comes to the actual expenses of what you can deduct, you're going to now have

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to justify them as being considered ordinary and necessary.

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That's in section 162 of the tax code.

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If you want to have some good late night reading, then anything that you spend that's ordinary,

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necessary, and generally it can't be lavish or extravagant.

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All right, that lavish and extravagant is going to be facts of circumstances dependent.

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But if it's something that's out of the ordinary for you to normally do, then you could probably

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pretty seriously think about is this going to be considered a deductible expense or will

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that expense be reduced?

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Okay, so when it comes to being ordinary, they're looking at some of that as common

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and accepted in your industry.

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A landscaper, it's ordinary for you to buy equipment.

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Graphic designer, it's ordinary for you to buy a computer for you to work on.

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Also necessary is something that is appropriate and helpful in carrying out your business

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activity.

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So it doesn't have to be absolutely essential, but it should contribute to the success and

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functioning of your business.

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Things like office supplies or your internet, those are things that would be considered

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necessary.

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And it doesn't have to be frequent.

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It might be a one time purchase, but it was necessary in that moment for the activity

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that you were trying to get accomplished.

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So I need to always be able to say, okay, is this ordinary?

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Is it necessary for my business?

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And then the three, I would say main questions I get asked about as it relates to specific

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business expenses are going to be around business travel, business mills, and automobiles.

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So we're going to kind of dive through those three.

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Then I'll kind of give you a interesting tax court case and then we'll wrap up for this

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week.

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When it comes to travel, we have to start with is my travel ordinary necessary?

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Is it not lavish or extravagant?

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Lavish and extravagant is also going to be at scale because I might normally go on trips

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to Europe or Dubai in my personal life.

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But if I run an office supply store, I probably need to go to Dubai in order to meet a client.

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Or if I'm doing a marketing event and my average sale is $5 per item, I probably don't need

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to spend $50,000 on a party to invite people for my business.

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So the yacht party that you saw on Tic Tac that you could deduct may or may not be the

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case for your business.

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So facts and circumstances is always going to be important.

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That's why it's important to work through things with whoever you're working with that

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does your taxes.

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For one, to see if they're going to actually do it because some frustrations I hear from

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clients is that their CPA won't even entertain what they're doing.

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If you had had the conversation with them ahead of time, you're either now saying, okay,

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I'm going to either do it myself.

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I'm going to fire my CPA because they don't want to go along with whatever scheme I had

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or I'm just going to lose out on the deduction and I've already spent money on whatever it

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was that I'm not getting a tax benefit for.

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But when it comes to business travel, the IRS says that your business trip must take

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you away from your tax home.

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I live in Dallas, Fort Worth.

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If I'm traveling out of the area and I'm traveling long enough for it to require sleep or rest,

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then I can now deduct my lodging expenses and my other travel expenses while I'm away

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from my tax home.

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So for example, if I'm going to Austin in the morning, this is three, three and a half

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hours and I'm done by two o'clock, it would be natural for me to get back home before

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dinner if I left immediately.

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But if I got wrapped up around seven, eight o'clock and I could probably justify, hey,

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look, it was already late.

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I don't want to drive in the middle of the night.

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I'm going to grab a hotel and I can deduct that hotel for my current stay so that I'm

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not having to disrupt my sleep pattern so I could justify the lodging for that expense

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and that would be considered my business travel.

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All right, now when it comes to the actual specific expenses you could deduct on business

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travel, so you're going to look at airfare, train, bus tickets, rental cars, even your

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personal vehicle.

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You have the operation of that vehicle, so gas, repairs, tolls, things like that, that

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you could deduct.

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And then if you're doing ride share, so if you're going out of town or you're catching

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an Uber or Lyft, you can deduct that.

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You also have baggage charges.

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So if you don't fly Southwest, then you're paying for bags potentially.

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So you can deduct that cost.

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And then any meals that you have.

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This is something that's often overlooked, but if you're away from your tax home, you

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can deduct pretty much any expense that is normal for you to operate in your daily life.

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So it would be natural for you to eat.

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So if I eat out of town over my tax home, I can deduct that cost.

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And then incidentals, if you're actually out of town long enough where you had to dry clean

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or do laundry, if you tipped your bellhop or whatnot, you can deduct those things.

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Okay.

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Now, in order to substantiate your expenses, you're going to need to keep track of the

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amount of each expense.

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So if there is a receipt that's available, normally if it's over $75, you're going to

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want to keep that receipt.

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You're going to want to have the date and you're going to also document the business

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purpose and where it happened, which can truly be a calendar entry.

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So I'm going to make an entry in my calendar.

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I met with Jane Doe at this restaurant.

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We talked about XYZ business.

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It's pretty customary for me to record all of my meetings so I could just prove a business

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purpose from the transcript that I created.

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Now one thing when it comes to travel, if you don't want to keep track of all of your

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expenses, you do have what's called a per diem rate.

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The IRS said, okay, based on your area for things like mills and lodging, you can actually

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have a rate that you could automatically take.

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So for example, in Oklahoma, I had a client, their daily rate was like $160.

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So if you had a full day of travel in Oklahoma for meals and lodging, you would get like

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$160 without having to track all the expenses from it.

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You just have to document the fact that you still had a business purpose with the destination

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and all that, but you can just do a flat 160 based on the per diem rate.

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Then that leads me into a strategy that you can actually think about if you run an LLC

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or a corporation, it is customary in that business for you to actually keep a corporate

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book or a corporate ledger.

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That corporate book was going to essentially say, how do you govern this entity?

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How do we know this is a legitimate business versus something you're just kind of operating

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as a side hustle that's not really serious?

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One way to do that is to have a board of advisors and to keep corporate minutes.

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And so your board of advisors are going to be people you trust.

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And most people, they trust their families, their spouses, their kids, their loved ones.

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And so one thing that I help my clients with is say, hey, okay, let's go into the year

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and we're thinking about where is our travel going to be and can we incorporate a business

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function in that travel?

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So for example, if we're going on a four day trip down to the Smoky Mountains, I'm looking

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at it as a corporate retreat.

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I have a travel day getting there and then we're going to have a business meeting while

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we're there.

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And during that meeting, we're going to have an agenda.

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So I'm going to have items that we discussed.

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I'm going to be teaching my kids how to do business, talking about things like income,

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expenses, operations, marketing, helping them understand, hey, if you eventually want to

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take this business over, what does that entail?

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Just giving them principles on, okay, let's review some of the tasks that I have you guys

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do that I pay you.

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So those are all things we can do review and then we can plan ahead and set goals for the

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future.

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We can document that as our corporate meeting.

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So that's kind of be our business function for that day.

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And then I have maybe a personal day the following day and then I have my travel day back.

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All right.

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So I get my travel day, I get my business day and then I get my travel day back.

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That's three business days on a four day trip.

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If you can coordinate it with the weekend, your weekends will also count as business

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days.

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So now I might be able to deduct 50, 75, even 100% of my trip, depending on how long it

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was and the time that I took.

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So I'd say, hey, plan ahead, do your corporate meetings out of town, have them have a business

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function, document it properly is actually going to be a body exercise for you and your

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family and you get the tax benefits as a result.

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Let's dive into business meals.

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So when it comes to a business meal, they're going to be deductible at 50% of the cost

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of the meal.

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It doesn't matter if you pay for them or you just pay for yourself.

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50% of the cost of that meal is going to be deductible.

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So we're still going to have to go through the filter of is it an ordinary, is it necessary,

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is it not lavish or extravagant, did it have a business purpose?

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All right.

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And you're actually have to separate the meal costs from the entertainment.

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So when it comes to entertainment, that is no longer deductible.

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The most common I would see is your sporting event.

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Hey, we go to a sporting event, the cost of that ticket is no longer deductible.

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But if I order hot dogs, drinks, whatever, I can deduct 50% of the cost of that food.

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I just need to document the fact that, hey, I was with an employee, a client, a consultant.

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I was with someone that had a business purpose behind it.

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And I was able to prove that there was a profit motive behind my actions whenever I pay for

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a meal at that type of event.

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All right.

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Now, a few other specific things to know.

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If it's under 75 dollars, you don't have to keep your seat.

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You just need to keep the amount, the designation and the business purpose.

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A few other nuances, if I have working lunches for myself, let's say, then those are going

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to be deductible unless I add it to my salary, which can actually be beneficial because like

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during tax season, for example, I might be working 12 hours a day and it's hard for me

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to actually take an hour lunch out of the office so I can order Uber Eats, eat at my

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desk and I just need to document, hey, I spent 100 hours last week on food.

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I'm going to increase my salary by a hundred dollars.

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The business gets to write that off.

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Now I do pay tax on a hundred dollars, but I can write a hundred percent of it off to

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the business.

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So I do get some type of benefit outside of not getting any at all.

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You also could pay for your employees.

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If you could prove that meal cost is for the business of the business, meaning it helps

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you save time, it allows you to be more efficient.

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You could deduct the cost of the meal for your employees.

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You also can deduct a hundred percent of the cost for things like employee appreciation events,

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holiday parties, or for realtor, you can have an open house and say, hey, if this food is

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open to the public, I can deduct a hundred percent of that cost because at that point

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it's considered more like a marketing expense as a result.

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So that's kind of the high level with meals.

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And then if you do have a spouse that works in the business, you can deduct meals with

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them.

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I would just make it less frequent, make sure it has a business purpose, make sure you

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document what you did so that you can properly deduct those expenses.

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If not, then you can increase the salary of yourself or your spouse in that case.

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So at least you are paying tax on the meal cost, but you are getting the deduction for

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it through the business.

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So lastly, let's jump into automobile.

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So this is probably the biggest one that I get the most questions about because everyone

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wants to buy that big, massive car and get that big depreciation deduction upfront.

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Okay.

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So let's actually dive into that, but going back to my theme, if the use of your vehicle

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is ordinary necessary for your business, then you can deduct it.

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So there's just going to be two different ways that you're going to be able to deduct

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it.

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You're either going to take what's called the standard mileage rate, or you're going

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to just add up your actual expenses.

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So the simple, the simpler of the two is the standard mileage rate.

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So with that standard mileage rate, you are essentially taking all your business miles

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and you are deducting for 2024, 67 cents of those miles.

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So if I drive a thousand miles for business, I'm going to deduct $670 on my tax return.

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Okay.

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Simple as that.

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Now, when you're tracking your business miles, you can just do all of your miles and take

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the percentage of business that they are or the actual running total.

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Okay.

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So I'm going to just total all my miles for the year, and then I'm going to total up how

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many of those are business.

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Secondly, I could take the same week of every month.

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So for example, the first week of the month, I track all of my miles and I add that up

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and I basically extrapolated out.

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So I say, Hey, look, I had 12 weeks of data in those four weeks.

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My average miles were 50 miles.

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So I'm going to do 50 times 52.

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That's going to be my miles for the year as far as my average, or I can take a 12 month

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consecutive time period and extrapolate that out over the year.

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So I take three months record all my miles and just multiply by four.

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Now when it comes to your actual expenses, you're going to now look at, okay, what did

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the car cost me?

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What is the percentage of business use for that vehicle?

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And I'm going to deduct all the expenses it takes to maintain the car.

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So for example, if I have a $20,000 vehicle and I've been tracking my miles and 50% of

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those are for business, I now have a $10,000 car for tax purposes.

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So it costs $20,000, but I was only using it half for business.

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So 10,000.

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And then I'm going to actually depreciate the car over five years for easy math.

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That's $2,000.

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Then I'm going to add in my gas, my car insurance, my repairs, my registration.

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And let's say that's another $5,000 for the year.

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Well, 50% of that is $1,200.

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So now I get another $1,200 tax deduction.

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Okay.

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So you're going to add all that up and you're going to really compare.

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So I say, Hey, do I have more miles at 67 cents per mile or do my actual expenses?

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Are they higher?

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And I can take the higher of the two, but I need to decide that in the first year, which

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one did I do?

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So generally, if you have a high priced vehicle that the business use is high, you're probably

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better off taking the actual expenses.

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If you have a lower cost vehicle and you drive a lot of miles, you probably want to take

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the actual mileage rate.

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One thing that kind of threw a wrench into things was this EV tax credit.

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So what I do with an EV, I will actually subtract out the EV credit that I take first from the

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price of the car.

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So if I had a $30,000 car and my tax credit was $7,500, I'm going to subtract that $7,500

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out, take that as my credit or my personal tax return.

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And then now my tax basis is $20,500.

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So I'm going to say, okay, I have a $20,500 car.

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And then if I'm depreciating that, it's going to be based on that $20,500, or I'm just going

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to go ahead and take the miles as far as my business use.

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Now the biggest thing you probably see on social media is going to be this whole depreciation

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aspect.

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So when it comes to depreciation, you can actually take a big deduction on the front

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end.

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So always remember when it comes to depreciation, you're either spreading it out over the

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time that the IRS says that you should have the vehicle, or you're going to take most

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of it upfront.

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And so for 2024, they allow you to take up to $20,400 upfront on a business vehicle.

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Okay.

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So if you have a passenger vehicle, which means it's under 6,000 pounds, the first year

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the max you could take is $20,000.

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If it's over 6,000 pounds, you can actually take the cost of the vehicle at 60%.

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So if I have an $80,000 car, I can take 60% of the cost of the vehicle in the first year.

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All right.

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So that's how a lot of people will try to buy their cars and then take that big deduction

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upfront.

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But the IRS says they have to be placed in service.

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So if I buy a car, it has to be used in business by the end of the year for me to be able to

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claim it.

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Okay.

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So that's important to know when you're looking at planning things out.

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Number one, does this have a business purpose?

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Number two, is this something that I would already have purchased anyway?

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I don't want to buy things that I don't need to get tax savings because I'm left spending

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more money out of pocket.

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So my actual net worth goes down even if my tax bill goes down as well.

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All right.

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So to recap, we had travel expenses, we had meal expenses, and we had automobile expenses.

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So we need to make sure that they have a business purpose.

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And that business purpose is in a activity that has a profit motive.

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And then those expenses must be ordinary and necessary with the proper documentation, which

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is generally going to be amount, business purpose, destination, and when it occurred.

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Now one of the things that I did leave out, if you lease a vehicle, you're going to actually

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take the percentage of the lease payment.

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So if I use my car 80% of the time, that lease payment, I'm going to take 80% of that as

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my deduction.

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So each week we will go into some kind of unique tax situation.

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So I want to talk about the Elvis Presley estate case in 1981.

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One of the things that the estate was trying to deduct were gratuities paid to his bodyguards,

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chauffeurs, and other employees, because they said that that was part of his lavish lifestyle

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to maintain his public image.

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So you know, obviously I don't need a bodyguard for my situation, so I couldn't even make

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that argument.

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The estate was trying to say, hey, look, obviously Elvis Presley, he's a public figure.

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He needs to have these people around and we should be able to deduct all these expenses.

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The IRS disallowed the cost.

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The estate took them to tax court because the IRS is the fire authority.

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It's actually the tax court and they tried to get these deductions in, but ultimately

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the IRS won.

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And so they essentially said, hey, these expenses aren't ordinary and necessary for what he's

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trying to do.

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They're personal in nature.

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So they actually threw it out.

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Whenever you're doing something, it's important to look at your facts and circumstances.

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See one, is it properly documented?

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How can I justify its ordinary and necessary nature so that if I did get called to the

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carpet, I'd have a good explanation.

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And if I felt like it was worth it enough, I could actually go to a tax court and win

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and outdo the IRS.

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So thanks for hanging in there with me.

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We'll talk in the future about some more business specific tax deductions, but until then, go

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be great.

