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DW tells me that under FL law, a contractor is not legally an agent of the client, regardless of the language of the contract. Her firm does a lot of construction litigation, and this opinion was confirmed by one of the partners she works closely with.

On the other hand, she spoke with a local accountant (the father of one of the other attorneys), and he said this question has come up a few times. He said its very common for people to take the sales tax deduction in this scenario, even if the contractor paid the sales tax for the materials. He suggested we go ahead and claim it. I'm not sure to what extent he's trying to trying to gauge the "intent" of the rule vs. the true legal definition.

I have another good friend from college who is an accountant, and I think I'm going to solicit his opinon before I wrap up this year's taxes.

At the moment, I am leaning towards skipping this deduction, just to play it safe.
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