- 6 - 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 forPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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