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Former revenue agent here. While the Cohan Rule technically applies only to expenses, there is a practical reality to how we handle cash business revenue audits. We do understand that perfect documentation isn't always possible, but we expect to see a systematic approach to revenue tracking. For a food truck, we would typically look at: - Food/supply purchases and typical markup rates - Register Z-tapes or POS system reports - Bank deposits (recognizing some cash might be used for immediate expenses) - Industry standards for similar businesses The key difference between expense and revenue estimation is burden of proof. With expenses, some estimation is permitted under Cohan. With revenue, the burden is higher, but we don't expect the impossible either.
Thank you! This is super helpful. For my food truck, would keeping a daily sales journal (even just handwritten) alongside my inventory purchases be considered a "systematic approach" if I can't afford a fancy POS system yet?
Yes, a consistently maintained daily sales journal would definitely qualify as a systematic approach, especially when backed up by inventory purchase records. The key is consistency and reasonableness. Make sure your daily logs show total sales, and ideally break it down by broad categories if applicable (food vs. drinks, etc.). Even a simple spreadsheet updated daily is fine. What raises red flags in audits is when there's no system at all, or when reported income doesn't align with the lifestyle or business volume we observe.
Has anyone tried using those industry standard guides for restaurants/food service to back up their revenue claims? I've heard IRS sometimes uses those to estimate what your business "should" be making based on location, type, etc.
I used the National Restaurant Association's industry reports during an audit of my small cafe. The IRS agent was familiar with them and it actually helped me show that my reported revenue was in line with industry averages for my type of business in my area. They still wanted to see my actual records, but having that benchmark data definitely helped establish that my numbers were reasonable.
Another option to consider is calling the IRS directly at 800-829-1040. If you explain that your W2s were returned to sender and you can't reach your employer, they can sometimes help. You'll need your social security number, personal info, and an estimate of your income/withholding (check your last paystub of the year). If your employers are being unresponsive, the IRS might even contact them on your behalf. Just be prepared to wait on hold for a long time when you call.
Have you actually managed to get through to the IRS this way recently? I tried calling that number three times last week and couldn't get past the automated system - it just disconnected me after saying they had too many calls.
I've gotten through in the past, but you're right that it's extremely difficult during peak tax season. Your best chance is to call right when they open (7am EST) and be prepared to navigate through several automated menus. Choose the option for "having a problem with your taxes" rather than "need forms" to increase your chances of reaching a person. I should have mentioned that this approach requires a lot of patience and might take multiple attempts. If time is crucial, some of the other options people have suggested might be faster.
Don't forget to check if your W2s are available on the SSA website! Go to https://www.ssa.gov/myaccount/ and create an account if you don't have one. Sometimes you can view your W2 information there even if you don't have the physical forms.
The SSA site only shows your lifetime earnings record, not current year W2 details. That won't help with filing taxes for this year. You need the actual W2 or the IRS wage transcript.
One important distinction that hasn't been mentioned: a Tax Court docket record showing "assessed deficiency" means the case has progressed to actual litigation. This happens after you receive a Notice of Deficiency (90-day letter) and then file a petition with the Tax Court to challenge it. If you're just seeing a "potential deficiency" notice, you're still in the administrative process, not the litigation phase. You can often resolve this without going to Tax Court by responding with appropriate documentation.
So does that mean if I can't resolve the "potential deficiency" with documentation, my case will end up on a docket record too? At what point does it move from administrative to legal proceedings?
The progression typically works like this: First you get the initial inquiry (CP2000 or similar), then if unresolved, you receive a Statutory Notice of Deficiency (90-day letter). Only after receiving that 90-day letter and then filing a petition with the Tax Court would your case appear on a docket. You have significant opportunities to resolve the issue before reaching the Tax Court stage. Many deficiency issues are resolved during the correspondence audit phase or through the IRS Appeals office. Tax Court is usually the last resort when you and the IRS fundamentally disagree about your tax liability and can't reach a settlement.
Does anyone know how to check if there's an "assessed deficiency" on your account before you get any notices? I'm paranoid now and want to make sure there's nothing lurking in my IRS records that I don't know about.
You can create an account on the IRS website (irs.gov) and view your tax account transcript. It'll show any assessments, payments, and adjustments to your account. I check mine regularly since I had an issue a couple years ago.
FWIW, I've been investing internationally for 7 years now. For small amounts like yours, I just take the credit directly on Schedule 3 without Form 1116. But I always keep track of the total in my records so that once it gets significant (like over $100) I start filing Form 1116. Another option - if you use a cheaper tax software like FreeTaxUSA, they include Form 1116 in their basic package which is much less expensive than TurboTax's premium tier.
Thanks for the suggestion about FreeTaxUSA! Do they handle everything else TurboTax does? I'm already halfway through my return on TurboTax but maybe I should switch for next year. And is there any downside to skipping Form 1116 when the amount is under the threshold?
FreeTaxUSA handles all the same forms as TurboTax for federal filing at a fraction of the cost. Their interface isn't quite as polished but it gets the job done. Their deluxe version is only about $7 and includes priority support and audit assistance. State returns are extra though. There's no real downside to skipping Form 1116 when you're under the threshold. The only limitation is you can't carry forward unused foreign tax credits, but with just $3, that's not an issue for you. If your foreign investments grow significantly in future years, then you'll want to start using Form 1116.
Just to add another perspective - I wouldn't pay $89 for a $3 credit, that's just throwing money away. But don't just "ignore" the foreign tax either. Enter it directly on Schedule 3 like others have said. Also, look at Credit Karma Tax (now Cash App Taxes) - it's completely free and supports Form 1116 if you need it in the future.
Is Cash App Taxes actually reliable? I've heard mixed things. Anyone used it for investment stuff? Seems sketchy to trust a free app with complicated tax situations...
James Johnson
I ran into this same issue and found that if you go to Forms mode in TurboTax (instead of the interview mode), you can directly access and fill out Schedule E. This might be another workaround if you're comfortable with tax forms and know exactly what you're doing. Just be careful though - bypassing the interview process means you might miss some of the calculations TurboTax normally does automatically, especially around basis limitations and passive activity rules. But it's an option if you're stuck.
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Ryder Ross
ā¢Thanks for this tip! I'm a bit nervous about using Forms mode since I'm not super confident about the basis calculations. Have you had any issues with TurboTax calculating things incorrectly when you use this method?
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James Johnson
ā¢I wouldn't recommend Forms mode unless you're very familiar with partnership tax rules. In my experience, filling forms directly can lead to errors with basis calculations since TurboTax won't prompt you for all the information it needs. The safer approach is definitely using the K-1 interview section under "Less Common Income" as others suggested. TurboTax will ask all the right questions about your basis, at-risk amounts, and passive activity involvement there, then properly calculate limitations before populating Schedule E correctly.
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Sophia Rodriguez
I switched from TurboTax to FreeTaxUSA this year specifically because of this issue. Their interface for Schedule E and K-1 entries is much more straightforward and actually explains the limited partnership loss rules better. Cost me only $15 for state filing (federal was free) vs the $120+ I was paying for TurboTax Premier.
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Mia Green
ā¢Did FreeTaxUSA handle the passive loss limitations correctly though? That's my biggest concern with cheaper tax software - sometimes they miss the complex calculations.
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