- 8 -8 The committee amendment also provides an overall limitation on the amount of deductions that a taxpayer may take for the business use of the home or separate unattached structure. The allowable deductions attributable to the use of a residence or separate unattached structure for trade or business purposes may not exceed the amount of the gross income derived from the use of the residence or separate unattached structure for that trade or business reduced by the deductions which are allowed without regard to their connection with the taxpayer's trade or business (e.g., interest and taxes). The applicable rules are set forth in section 280A(c)(1) and (5). (We note that to the extent deductions are disallowed under these rules, they may be carried forward to the succeeding taxable years subject to certain limitations. Sec. 280A(c)(5).) If a separate studio adjacent to an artist's residence is subject to the section 280A(c)(5) overall limitation, it follows that a studio attached to an artist's residence likewise would be subject to the overall limitation. California Law permitted the conversion of the Tenth Street premises into joint living and work quarters. The second floor became petitioner's dwelling unit. Petitioner herself referred to her premises as a live/work unit. Petitioner used her dwelling unit as a residence. Because that dwelling unit/ residence was on the second floor, the deductions for her business use of the first floor became subject to section 280A and the overall limitation of section 280A(c)(5). This case cannot be distinguished from the opinions of this Court in Cunningham v. Commissioner, T.C. Memo. 1996-141, affd. per curiamPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011