Diane Cameron Horton - Page 7

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          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).                                                            
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