Carlton H. Perry - Page 8

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               Section 280A(c) provides certain exceptions to the general             
          disallowance rule of section 280A(a).  The pertinent exception in           
          the instant case is that prescribed by section 280A(c)(1).  That            
          section provides that section 280A(a) shall not apply to any item           
          to the extent the taxpayer can establish that such item is                  
          allocable to a portion of his or her dwelling unit that is used             
          (1) exclusively, (2) on a regular basis, and (3) for one of the             
          following purposes:                                                         
               (a) As the principal place of business for any trade or                
          business of the taxpayer,                                                   
               (b) as a place of business that is used by patients, cli-              
          ents, or customers in meeting or dealing with the taxpayer in the           
          normal course of his or her trade or business, or                           
               (c) in the case of a separate structure which is not at-               
          tached to the dwelling unit, in connection with the taxpayer's              
          trade or business.4                                                         
               Although petitioner's argument is not altogether clear, he             
          appears to contend that (1) he is entitled to a deduction for               
          1989 under sections 162(a) and 167(a) for the motor home expenses           
          reported in Schedule E of his 1989 return because the motor home            
          was used in connection with his rental real estate activities and           

          4  In order to satisfy the requirements of sec. 280A(c)(1), the             
          taxpayer must establish, inter alia, that an expense item is                
          allocable to a portion of his or her dwelling unit that such                
          taxpayer used in connection with an activity that constitutes a             
          trade or business within the meaning of sec. 162(a), and not                
          merely in connection with an activity that constitutes an income-           
          producing activity within the meaning of sec. 212.  Curphey v.              
          Commissioner, 73 T.C. 766, 770 (1980).                                      


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