Gerald L. and Joy M. Zeidler - Page 21

                                       - 21 -                                         

          was used in connection with their trade or business and in                  
          connection with their investment property.  In the notices of               
          deficiency, respondent disallowed the home office deductions for            
          1990 and 1991 on the ground that the office was not used                    
          exclusively for business under section 280A.  At trial, however,            
          respondent conceded the adjustments relating to petitioners' home           
          office expenses, and further conceded petitioners were entitled             
          to home office deductions based on 120 square feet of space                 
          rather than 110 square feet claimed by petitioners on their                 
               Section 274(d) provides that no deduction shall be allowed             
          with respect to "listed property" as defined in section                     
          280F(d)(4), unless the taxpayer substantiates by adequate records           
          or corroborative evidence (A) the amount of the expense, (B) the            
          time and place of use, (C) the business purpose, and (D) the                
          business relationship of the taxpayer to the persons using listed           
          property.  Sec. 274(d)(4).  Petitioners did not maintain such               
          records with respect to their computer.                                     
               The term "listed property" under section 280F(d)(4) includes           
          any computer or peripheral equipment.  Sec. 280F(d)(4)(A)(iii).             
          However, section 280F(d)(4)(B) provides generally that the term             
          "listed property" shall not include any computer or peripheral              
          equipment used exclusively at a regular business establishment,             
          and any portion of a dwelling unit shall be treated as a regular            

Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011