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Subject:  Re: W-2 on Schedule C? Date:  9/15/2004  4:17 PM
Author:  irasmilo Number:  73318 of 127549

I just picked up a side job as an adjunct professor at Elon University. When I accepted, I requested that I get a 1099 so it'd be easier to deduct the mileage on a Schedule C (as a contractor). However, they put me on a W-2, so it appears as if I'm an employee. Can I still put the mileage and wages (as well as other expenses) on a Schedule C? I'd like to stay off of itemizing the mileage as an 'unreimbursed business deduction' since it's subject to the 2% floor, thereby eliminating most of my deduction. If there's not a way to get it on Schedule C, I know that I'd be allowed to take an above the line deduction of $250 as 'Educator Expenses,' but that's not much. I doubt I'll spend that much anyway (unless mileage could be contrued to be allowed as an educator expense). Anyway, what do you suggest? Thanks for your help.

First, the university correctly classified you as a W-2 employee. They set the time and conditions of your employ during the period you provide a service to them. Your only choice is to list your expenses on Schedule A.

You cannot use the $250 above the line deduction. There are at least two reasons. First, it only applies to qualified educators... those who work in grades K-12 and spend more than 900 hours in the school. Second, and more important, the deduction expired in 2003. It won't be available to anyone in 2004 (unless Congress changes the tax law again).


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