- 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 notPage: 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