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Vehicle Operating Expenses on MEANS TEST (Actual vs IRS Limit)

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    Vehicle Operating Expenses on MEANS TEST (Actual vs IRS Limit)

    In my area, the IRS allowance limit is $234/mo.

    In my situation - my insurance alone is $141/mo (I have Progressive.)

    My gas and oil changes run about $200/mo on average - and this leaves nothing for car repairs, new tires, etc.

    So - my actual is in the $340 range - over $100 more than the IRS limit.

    Has anyone had any success claiming MORE than the IRS allotment in this area?

    Please elaborate.

    Note that I have receipts for gas and oil changes!!!

    Thanks!!
    Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

    #2
    We claimed more than the IRS allowed based on actual costs and we were not questioned about it. From your post it sounds like you have your ducks in a row so that even if you are questioned you can provide proof of the actual costs. I would not worry about it.

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      #3
      You are going to have a hard time proving exta car expenses when you have been unemployed. Extra car expenses can be used when you use your car in business, not personal.

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        #4
        Hi all,

        To and from work = to and from job interviews...food bank.....homeless shelter.... Hope you aren't that bad yet!

        To, from grocery store, gas station, doctor, etc are also legit for an expense. Remember this is BK not IRS so the rules are a little different....

        Tom in Colo
        Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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          #5
          For now - I am going to claim actual.

          The "extra" above the IRS allowed amount is not going to make or break me on the Means Test by itself.

          My strategy is now to take as many expenses as legitimately possible and (hopefully) make the UST decide it is not worth fighting.

          A good offense is often the best defense!
          Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

          Comment

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