Joon H. Chong and Youngcha Kim Chong - Page 7

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          petitioners' house, was used as their residence during 1992.  The           
          provisions of section 280A(a) do not apply to expenses                      
          attributable to any portion of the dwelling unit used exclusively           
          on a regular basis as the principal place of the taxpayer's trade           
          or business.  Sec. 280A(c)(1)(A).  Respondent agrees that the               
          exclusive use requirement set forth in section 280A has been                
          satisfied.  However, based upon the Supreme Court's holding in              
          Commissioner v. Soliman, 506 U.S. 168 (1993), respondent takes              
          the position that petitioner's home office does not constitute              
          his principal place of business within the meaning of section               
          280A(c)(1)(A).  Therefore, according to respondent, section                 
          280A(a) precludes petitioners from deducting the expenses                   
          incurred in connection with petitioner's home office.3                      
               In Soliman, the taxpayer, also an anesthesiologist,                    
          administered anesthesia and treated patients at several                     
          hospitals.  Much like petitioner, Dr. Soliman used his home                 
          office for billing, recordkeeping, and other purposes related to            
          his medical practice.  Dr. Soliman did not treat any patients at            


          3Petitioners do argue for the application of sec.                           
          280A(c)(1)(B), which allows expenses attributable to any portion            
          of a dwelling unit exclusively used on a regular basis by                   
          patients, clients, or customers in meeting or dealing with the              
          taxpayer in the normal course of the taxpayer's trade or                    
          business.  We are satisfied that sec. 280A(c)(1)(B) has no                  
          application in this case.  Contacts by telephone between                    
          petitioner and his patients do not satisfy the provisions of that           
          section, see Frankel v. Commissioner, 82 T.C. 318 (1984), and the           
          rare visits by petitioner's patients do not constitute usage of             
          the home office for such purposes on a regular basis.                       




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