Joe D. and Maura F. White - Page 8




                                        - 7 -                                         

               (1) as the principal place of business for any trade or                
          business of the taxpayer (sec. 280A(c)(1)(A));                              
               (2) as a place of business used by patients, clients, or               
          customers in meeting or dealing with the taxpayer in the normal             
          course of his trade or business (sec. 280A(c)(1)(B)); or                    
               (3) in the case of a separate structure which is not                   
          attached to the dwelling unit, in connection with the taxpayer's            
          trade or business (sec. 280A(c)(1)(C)).                                     
               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.  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 will be regarded as the                    
          principal place of a taxpayer's business.  Id. at 176.  The                 
          relative importance of business activities engaged in at the home           
          office may be substantially outweighed by business activities               







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011