Carl Albert and Lorraine Rouse - Page 7

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          the amount of this expense by estimating the value of their house           
          to be $5 per square foot.  They argue that petitioner used a                
          portion of their residence for his research activity.                       
               As a general rule, a taxpayer may not deduct an expense                
          related to the use of his personal residence unless the expense             
          is of a type that is specifically allowed as a deduction, such as           
          mortgage interest under section 163(a) and (h) or State and local           
          property taxes under section 164(a).  Sec. 280A(a) and (b).  Also           
          allowable as deductions are certain expenses related to income-             
          producing rental or business activities.  Sec. 280A(c).  For such           
          expenses to be deductible, the related use of the residence must            
          fit into one of several categories specified in section 280A(c).            
          The only category that is arguably applicable to the case at hand           
          is where a portion of the home is used exclusively on a regular             
          basis as the principal place of business for the taxpayer’s trade           
          or business.  Sec. 280A(c)(1)(A).  However, regardless of whether           
          petitioner’s use of his personal residence fits within this                 
          category, petitioner does not meet a final requirement of section           
          280A:  A taxpayer in petitioner’s situation may not deduct any              
          amount for the business use of his home if the taxpayer derived             
          no gross income from such business use.  Sec. 280A(c)(5).  In               
          other words, such a taxpayer cannot claim a loss in a business              
          activity based solely on the use of his home.  Id.  Because                 
          petitioner did not receive any income from his research activity            






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