Diane Cameron Horton - Page 8

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               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 curiam           





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