- 10 - associated with a home office are generally disallowed unless the home office was used exclusively and regularly as the principal place of business for 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 analyzed 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 engaged in at another location. The Supreme Court has explained as follows: If the nature of the business requires that its services are rendered or its goods are delivered at a facility with unique or special characteristics, this is a further and weighty consideration in finding that it is the delivery point or facility, not the taxpayer's residence, where the most important functions of the business are undertaken. Id. at 176.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011