On Feb 3, 6:52 pm, "D. Stussy" <
> news:f8787702-1f11-4230...@y10g2000vbn.googlegroups.com...> On Feb 2, 11:31 pm, "D. Stussy" <
> > wrote:
> > > "SMF" <
smf...@comcast.net> wrote in message
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> news:689ba140-1457-4be0...@do4g2000vbb.googlegroups.com...
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> > > > Police officer has on-duty meal per diem included in W-2 wages. Can
> > > > this same amount be deducted on 2016 and thus schedule A? thanks
>
> > > Yes, if you meet the requirements for the deduction, namely that you're
> on
> > > a field/patrol assignment, not desk duty.
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> > > Police officer has on-duty meal per diem included in W-2 wages. Can
> > > this same amount be deducted on 2016 and thus schedule A? thanks
>
> > Unless the police officer lived in the 8th Circuit and meets the
> > narrow fact pattern in the Christey case, he/she would have not
> > deduction. The IRS's Action on Decision on the case included:
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> > "Accordingly, the Service views the Christey decision as being
> > incorrect. The inherently personal nature of such meal expenses bars
> > their deduction pursuant to section 262, and this nondeductibility
> > cannot be overridden by the general provisions of section 162(a),
> > notwithstanding a showing of business-related restrictions on such
> > meals." Thus, the Service will not follow the Christey decision other
> > than with respect to
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> > ---SUBSTANTIALLY SIMILAR police mid-shift restaurant meal expenses
> > ---within the jurisdiction of the Eighth Circuit. "
>