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    Mileage to Work

    My wife received pay for mileage while working for a temp agency. The job was out of our metropolitan area and she got $35.00 per day. Is that excludable on the means test?

    Thanks for answering.

    spike

    #2
    Originally posted by railspike2
    My wife received pay for mileage while working for a temp agency. The job was out of our metropolitan area and she got $35.00 per day. Is that excludable on the means test?

    Thanks for answering.

    spike
    Was your wife's $35/day for mileage reported to the IRS as income? If yes, then it's my understanding that it needs to be included as income on the means test as well.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      It is still income. But it would be offset by your increase in vehicle expenses. Either way, they look at your income over the previous 6 months, and an extra $35 only increases that by $6 a month.

      Comment


        #4
        Originally posted by FilingOnMyOwn
        It is still income. But it would be offset by your increase in vehicle expenses. Either way, they look at your income over the previous 6 months, and an extra $35 only increases that by $6 a month.
        FOMO, it wasn't a one-time payment - the poster's wife received $35 every day she worked at her temp job. We don't know how many days that was.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          Just a Q here for the OP,..............

          When you file (or filed) your income taxes, are you/did you itemize those expenses as job related??
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            Originally posted by FilingOnMyOwn
            It is still income. But it would be offset by your increase in vehicle expenses.
            Where <exactly> on the Means Test Calculator do you have a place to increase your vehicle expenses and thereby offset income? I believe you must use Local Standards (see line 23). Maybe you are confusing the Means Test Calculations with IRS form Schedule C (business expenses).
            NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

            Comment


              #7
              Originally posted by lrprn
              FOMO, it wasn't a one-time payment - the poster's wife received $35 every day she worked at her temp job. We don't know how many days that was.
              Ahh ok, I need to get off crack for a minute here. But I just want to point out the means test does not set things in stone. I claimed vehicle expenses in my filing when I didn't even have a car. I had to put gas into and help maintain other peoples vehicles that I borrowed. So I would just claim whatever you think it was that you could have been spending on transportation.

              Comment


                #8
                Bump
                Filed Ch 7 - 09/06
                Discharged - 12/2006
                Officially Declared No Asset - 03/2007
                Closed - 04/2007

                I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                Comment

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