- 7 -7 not here." Hays Corporation v. Commissioner, 40 T.C. 436, 443 (1963), affd. 331 F.2d 422 (7th Cir. 1964). A review of the legislative history of section 280A indicates that Congress was concerned with alleged use of business space in a residence. In the statute, Congress made no exception for business use in a residence in a building which formerly was used only for commercial purposes. As to the Tenth Street property, the parties agree that petitioner lived with her son on the top floor. The parties also agree that the lower floor was used exclusively and regularly for petitioner's business. The only point in issue is whether section 280A and the overall limitation of section 280A(c)(5) applies to petitioner's claimed business expenses because of her joint use of the premises for living and business purposes. Respondent states that respondent has found no legal authority making a distinction where the building was zoned for commercial use. Nor have we. On the other hand, the Senate Finance Committee stated in its report, S. Rept. 94-938 (1976), 1976-3 C.B. (Vol. 3) 49, 186-187, that: the committee amendment provides that a deduction will not be disallowed in the case of a taxpayer who, in connection with his trade or business, uses a separate structure which is not attached to his dwelling unit (e.g., an artist's studio in a structure adjacent to but unattached to his residence). * * * * * * *Page: Previous 1 2 3 4 5 6 7 8 9 Next
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