Can Air BB Lodging expenses that were not reimbursed be deducted as a lodging expense due to Military PCS/Retirement Orders?

[brad-j-dallaire]

I have a very sticky situation. I will give thorough details to paint the picture as clearly and concisely as possible.

1. In mid-March of 2020 I broke my lease with my landlord due to receiving PCS Orders, my my household goods were shipped before we vacated the property on 1 April 2020. My landlord was also breaking the Hawaii Revised Statutes for Landlord/Tenants for failure to remedy severe black mold issues (I had a newborn in the house).

Additionally, I simultaneously found out my father had was diagnoses with a terminal illness with limited time to live. [This was the perfect storm of problems.]

2. Obviously in March 2020 COVID-19 became a serious threat, in response the DoD restricted all military travel. I had been in the process of waiting for my fathers official prognosis and a red cross message to take emergency leave to be with him. I would have been able to leave o/a 15 April if the DoD had not restricted travel.

Yet, that did not happen and my leave was denied, I could not go home. So now my family with a newborn would be essentially homeless when 15 April came around. (I had decided the best course of action would be to stay at an AIRBB from 1-15 April.

I ended up having to move my family from one AIR BB to a second AIR BB while we waited for one of the following scenarios to be completed:

1. My military retirement process to be completed.

2. DoD travel restrictions lifted/or emergency/ordinary leave of absence approved (I had about 90 days of leave saved up in preparation for my retirement).
 
3. My fathers illness gets to the point where his illness is not a matter of months living, but < 1 week (in order to receive travel approval).

Unfortunately, my father passed away without me by his side. After he had passed away my leave to go home was approved. This happened in May. I went home on emergency leave for 30 days, and came back to Hawaii in early June to finish my out processing as my military retirement process (paperwork being completed) was coming to and end. I ended up PCSing from Hawaii in early July, and utilizing the rest of my leave (vacation time saved up) at home.

Here is a rough timeline of my time stayed in "temporary lodging" in conjunction with a PCS move (after my house hold goods were shipped).

28 March - 10 May: (Airbb + Hotel)
9 May - 10 June: (Home, funeral for my father).
11 June - 04 July: (Air BB)

Overall my unreimbursed lodging expenses were shy of $10,000 (this is typical for Hawaii for almost 3 months of rent.)

Obviously, this situation was an extremely tough one and I am trying to sort out if I can deduct the AIRBB Lodging expenses. I read into the IRS' information on moving expenses and lodging. And they state "reasonable lodging expenses can be deducted." I think this is a blanket statement with the intent to deter individuals from staying at a $1,000 dollar night hotel (as this would be unreasonable and unnecessary). But, without the details one may think my situation is unreasonable, which is why I have provided the context of the amount of time I stayed at a couple of AIRBBs along with the specifics of my situation highlighting why I had to stay at an AIRBB. For anyone who is ex-military and asks why did you not exhaust TLA (Temporary Lodging Assistance), etc. I did use some of my allotted TLA when I travelled back from emergency leave (upon my amended retirement orders being reinstated/approved). I also engaged the housing office for emergency TLA when I was going to be rendered homeless after the first 15 days of staying at an AIRBB in April (yet, I was lucky enough to be able to find another AIRBB and cover all the costs with money I had saved up for scenarios like this.)

Any help with be greatly appreciated. Thank you if you made it this far reading into my situation.

[gloriah5200]

No, based on the information you provided, you would not be able to deduct the entire amount of temporary living expenses from March 28-July 4 that were not reimbursed by the military as "reasonable" moving expenses. 

Actual living expenses are not deductible as moving expenses unless you are in the process of moving.

Generally, the military pays for your costs of moving household goods and temporary living expenses during a move. 

Don't include any expenses for moving services provided by the government. Also, don't include any expenses that were reimbursed by an allowance you don't have to include in your income.

Don't include in income the value of moving and storage services provided by the government because of a permanent change of station. Similarly, don't include in income amounts received as a dislocation allowance, temporary lodging expense, temporary lodging allowance, or move-in housing allowance. Generally, if the total reimbursements or allowances that you receive from the government because of the move are more than your actual moving expenses, the government must include the excess in your wages on Form W-2. However, if any reimbursements or allowances (other than dislocation allowances, temporary lodging expenses, temporary lodging allowances, or move-in housing allowances) exceed the cost of moving and the excess isn't included in your wages on Form W-2, the excess still must be included in gross income on Form 1040 or 1040-SR, line 1, or Form 1040-NR, line 1a. If your reimbursements or allowances are less than your actual moving expenses, don't include the reimbursements or allowances in income. You can deduct the expenses that are more than your reimbursements in the year you paid or incurred the expenses. If you must relocate and your spouse and dependents move to or from a different location, don't include in income reimbursements, allowances, or the value of moving and storage services provided by the government to move you and your spouse and dependents to and from the separate locations.

For additional information, please refer to the following:

Instructions for Form 3903, Moving Expenses

IRS Publication 3, Military