Paul Harrison Duncan - Page 10




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               As previously noted, section 162 allows taxpayers a                    
          deduction for all ordinary and necessary expenses paid or                   
          incurred in carrying on a trade or business.  Under section 280A,           
          however, deductions associated with a home office are generally             
          disallowed unless the home office was used exclusively and                  
          regularly as the principal place of business of the taxpayer.               
               Where a taxpayer’s business is conducted in part in the                
          taxpayer’s residence and in part at another location, the                   
          following two primary factors are considered in determining                 
          whether the home office qualifies under section 280A(c)(1)(A) as            
          the taxpayer’s principal place of business:  (1) The relative               
          importance of the functions or activities performed at each                 
          business location, and (2) the amount of time spent at each                 
          location.  See Commissioner v. Soliman, 506 U.S. 168, 175-177               
          (1993).                                                                     
               Whether the functions or activities performed at the home              
          office are necessary to the business is relevant but not                    
          controlling, and the location at which goods and services are               
          delivered to customers generally is regarded as the principal               
          place of a taxpayer’s business.  See id. at 176.  The relative              
          importance of business activities engaged in at the home office             
          may be substantially outweighed by business activities engaged in           
          at another location.  The Supreme Court has explained as follows:           







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Last modified: May 25, 2011