Richard G. Cook and Patricia A. Cook - Page 3

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            petitioner's law practice was conducted out of petitioners'                                  
            personal residence at Salt Lake City, Utah.  For the remaining 7                             
            months of 1992, petitioner conducted his law practice at a                                   
            downtown Salt Lake City office.                                                              
                  The expenses at issue involve the home office expenses                                 
            incurred by petitioner for the periods noted in 1991 and 1992,                               
            which petitioners deducted as trade or business expenses on their                            
            1991 and 1992 Federal income tax returns.  Respondent has not                                
            questioned the substantiation of these expenses.  Respondent,                                
            however, has questioned the percentage amount petitioners claim                              
            constituted the portion of their home that was used for                                      
            petitioner's law practice.                                                                   
                  Petitioners' home consisted of an upstairs and a downstairs,                           
            totaling 3,200 square feet.  During 1991, petitioners and four                               
            children lived in the home.  During 1992, petitioners and three                              
            children lived in the home.  Petitioners contend that 75 percent                             
            of the total floor space of their home was used for the law                                  
            practice; however, this space was used only two-thirds of the                                
            time for the law practice.  For the remainder of the time, when                              
            the space was not used for law practice, the space was available                             
            and was in fact used by petitioners and their children as their                              
            residence for personal purposes.  On their income tax returns,                               
            consistent with the recited percentages, petitioners claimed 50                              
            percent of their home expenses as deductible home office expenses                            





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