Kenneth Miles and Michon Snow Tesar - Page 14

                                       - 14 -                                         

                         (B) as a place of business which is used by                  
                    patients, clients, or customers in meeting or                     
                    dealing with the taxpayer in the normal course of                 
                    his trade or business, * * *                                      
          Sec. 280A(c).  While determination of a taxpayer's principal                
          place of business for purposes of section 280A depends upon the             
          particular facts of the case, two primary factors for                       
          consideration are:  (1) "the relative importance of the                     
          activities performed at each business location"; and (2) the time           
          spent at each location.  Commissioner v. Soliman, 506 U.S. 168,             
          175 (1993).                                                                 
               Mrs. Tesar's business was providing physical therapy to                
          patients.  Mrs. Tesar performed the majority, if not all, of such           
          services at her patients' homes or other location outside of her            
          home.  These activities were of greater significance than the               
          administrative functions, such as transcribing notes and updating           
          files, that she performed at home.  This factor tends to show               
          that Mrs. Tesar's home office was not her principal place of                
          business.                                                                   
               Petitioner testified that Mrs. Tesar spent approximately an            
          equivalent amount of time performing services outside the home as           
          she spent completing work at home.  Petitioner generally was not            
          present while Mrs. Tesar worked at home, and he did not have                
          actual knowledge concerning this matter.  Moreover, even if we              
          accept that Mrs. Tesar worked half of the time at home and half             
          of the time at other locations, the time factor would not                   




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011