James B. Miller, Jr. - Page 11

                                       - 11 -                                         
               The principal activities relating to petitioner's scrap                
          metal recycling business consist of the collection, processing,             
          and resale of scrap metal, the principal aspects of which are               
          performed at petitioner's warehouse.  The warehouse appears to be           
          a facility with unique or special characteristics capable of                
          processing and storing scrap metal.  These activities are not               
          performed in petitioner's home office.                                      
               The administrative, management, and other activities                   
          performed in petitioner's home office certainly constitute a                
          relevant part of petitioner's business, but because the scrap               
          metal is collected and processed at the warehouse, the warehouse            
          is to be regarded as the principal place of petitioner's scrap              
          metal recycling business.                                                   
               Petitioner argues that negotiations for the purchase and               
          sale of scrap metal that he conducts primarily over the telephone           
          from his home office constitute the principal activity of his               
          business.  Petitioner, however, has not established in this case            
          that the actual purchase and sale of scrap metal is to be treated           
          as occurring in his home office, nor that negotiations for the              
          purchase and sale of scrap metal that are conducted over the                
          telephone from his home office constitute the principal activity            
          of the business.                                                            
               Further, for expenses of a home office to qualify for                  
          deductibility under section 280A, no personal use may be made of            
          the particular area of a residence that is used as the home                 




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