Thomas D. Stricker - Page 6

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          of a trade or business, the expenditures are nondeductible                  
          personal expenses.                                                          
          Home Office Expense                                                         
               Petitioner used the Bridgeford property as the principal               
          place of business for his meat and seafood sales.  Respondent               
          thus allowed petitioner to deduct 40 percent of the rent expense            
          on the Bridgeford property.  Petitioner argues that 100 percent             
          of the rental expense should be allowed as a deduction.                     
               Section 280A establishes the general rule that no deduction            
          is allowed with respect to business use of a taxpayer's personal            
          residence.  Section 280A(c)(1)(A), however, provides that section           
          280A shall not apply if a portion of the taxpayer's personal                
          residence is exclusively used on a regular basis as the principal           
          place of business for any trade or business of the taxpayer.  See           
          Sam Goldberger, Inc. v. Commissioner, 88 T.C. 1532, 1556-1557               
          (1987).                                                                     
               The evidence presented by petitioner, consisting of                    
          photographs of the Bridgeford property along with petitioner's              
          testimony, fails to establish that petitioner used more than                
          40 percent of the Bridgeford property exclusively for business              
          purposes.  The legislative history of section 280A dealing with             
          exclusive use explains:                                                     
                    Exclusive use of a portion of a taxpayer's                        
               dwelling unit means that the taxpayer must use a                       
               specific part of a dwelling unit solely for the purpose                
               of carrying on his trade or business.  The use of a                    
               portion of a dwelling unit for both personal purposes                  




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