Richard G. Cook and Patricia A. Cook - Page 6

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            See Hamacher v. Commissioner, 94 T.C. 348, 353-354 (1990).  On                               
            the facts of this case, the sole question is whether petitioner's                            
            home was used exclusively for his trade or business.  It was not                             
            so used.  Even though petitioner's trade or business was                                     
            exclusively conducted in his home, the portion of his home in                                
            which he conducted his trade or business was not used exclusively                            
            for that purpose.  That factual circumstance precludes                                       
            petitioners' entitlement to a deduction of the home office                                   
            expenses at issue.  This Court has previously passed upon this                               
            same question.  In Gomez v. Commissioner, T.C. Memo. 1980-565,                               
            this Court stated:                                                                           

                              Exclusive use of a portion of a taxpayer's                                 
                        dwelling unit means that the taxpayer must use a                                 
                        specific part of a dwelling unit solely for the purpose                          
                        of carrying on his trade or business.  The use of a                              
                        portion of a dwelling unit for both personal purposes                            
                        and for the carrying on of a trade or business does not                          
                        meet the exclusive use test.  Thus, for example, a                               
                        taxpayer who uses a den in his dwelling unit to write                            
                        legal briefs, prepare tax returns, or engage in similar                          
                        activities as well for personal purposes, will be                                
                        denied a deduction for the expenses paid or incurred in                          
                        connection with the use of the residence which are                               
                        allocable to these activities. [Emphasis added.]                                 
                  S. Rept. No. 94-938 (1976), 1976-3 C.B. (Vol. 3) 49, 186; H.                           
                  Rept. No. 94-658 (1975), 1976-3 (Vol. 2) 695, 853; Joint                               
                  Committee Explanation, 1976-3 C.B. (Vol. 2) 1, 152.                                    

            Since petitioners' home (or the portion thereof used for the law                             
            practice) was not used exclusively for petitioner's trade or                                 
            business, it follows that the home office expenses claimed for                               





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