- 23 - section 280A(c). The substantiation of the amounts claimed is also not at issue. As previously stated, section 162(a) allows a taxpayer to deduct all the ordinary and necessary expenses paid or incurred in carrying on any trade or business. Section 280A, in general, denies deductions with respect to the use of a dwelling unit that is used by the taxpayer during the taxable year as a residence. Section 280A(c)(1), however, allows the deduction of expenses allocable to that portion of a dwelling unit that is exclusively used on a regular basis as "the principal place of business" for any trade or business of the taxpayer. Sec. 280A(c)(1)(A). Furthermore, section 280A(c)(2) allows the deduction of expenses allocable to the portion of the dwelling unit used on a regular basis as a storage unit for the inventory of the taxpayer held for use in the taxpayer's trade or business of selling products at rental or wholesale, but only if the selling unit is the sole fixed location of such trade or business. Respondent determined, in the notice of deficiency, that section 280A(c)(5) limits the deductibility of the amount claimed for both the home office and inventory storage to the amount of income earned by the activity. Accordingly, respondent determined that, of the total of $1,602.86 claimed by petitioners on their 1992 return for the home office and inventory storage ($801.43 + $801.43), the deduction is limited to the $435.53Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011