Diane Cameron Horton - Page 4

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          art/fine art business conducted in one portion of the Tenth                 
          Street premises.                                                            
               Deductions are a matter of legislative grace.  A taxpayer              
          seeking a deduction must be able to show that the taxpayer comes            
          within the express provisions of the statute.  New Colonial Ice             
          Co. v. Helvering, 292 U.S. 435, 440 (1934).  Petitioner bears the           
          burden of proving that respondent's determination is incorrect.             
          Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                  
               Section 162(a) generally allows a deduction for all ordinary           
          and necessary expenses paid or incurred during the taxable year             
          in carrying on any trade or business.                                       
               Section 280A(a) provides that in the case of a taxpayer who            
          is an individual, no deduction otherwise allowable under                    
          Chapter 1 of the Code (relating to normal taxes and surtaxes)               
          shall be allowed with respect to the use of a dwelling unit which           
          is used by the taxpayer during the taxable year as a residence.             
               The term "dwelling unit" includes a house, apartment,                  
          condominium, or similar property, and all structures or other               
          property appurtenant to such dwelling unit.  Sec. 280A(f)(1)(A).            
               Section 280A(c) provides for exceptions to section 280A(a).            
          In pertinent part, section 280A(c)(1)(A) states that section                
          280A(a) shall not apply to any item to the extent such item is              
          allocable to a portion of the dwelling unit which is exclusively            
          used on a regular basis as the principal place of business for              
          any trade or business of the taxpayer.                                      



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