Stanley M. Kurzet and Anne L. Kurzet - Page 49

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            Personal Residence                                                                        
                  Petitioners claim that one-fifth of all expenses of their                           
            residence in Orange, California, qualify under section 280A as                            
            deductible home office expenses relating to petitioner's various                          
            business and investment activities.  Petitioners claim that five                          
            rooms or one-fifth of the residence was used exclusively for                              
            business.  Respondent claims that none of the residence                                   
            qualifies as a home office and that none of the expenses of the                           
            residence qualify as deductible home office expenses.  We agree                           
            with respondent.                                                                          
                  The evidence does not establish that any portion of                                 
            petitioners' residence satisfies the threshold requirements of                            
            section 280A(c)(1); namely, that the alleged home office                                  
            qualifies either as "the principal place of business" for at                              
            least one business of the taxpayer, as a place in which the                               
            taxpayer meets with clients in the normal course of at least one                          
            of his business activities, or as a structure separate from the                           
            residence.                                                                                
                  The evidence is clear that petitioners' alleged home office                         
            does not qualify as a place in which petitioners regularly met                            
            with clients, nor as a structure separate from their residence.                           
            With regard to whether petitioners' alleged home office                                   
            qualifies as "the principal place of business" for any of                                 
            petitioner's businesses, the evidence is conspicuously thin.                              





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