Subhendu Das - Page 8

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               In light of our conclusion that the expenses are those of              
          CCSI and not petitioner, we do not consider the issue of                    
          substantiation.                                                             
               However, we now consider whether petitioner, as an employee            
          of CCSI, is entitled to deduct home office expenses on Schedule A           
          as unreimbursed employee expenses.  Section 280A(a), in general,            
          provides that no deduction is allowed with respect to the                   
          business use of a taxpayer’s personal residence.  Section 280A(c)           
          contains some limited and explicit exceptions to this rule.6                
               For a deduction to be allowed under section 280A(c)(1), a              
          taxpayer who is an employee must establish that a portion of his            
          dwelling unit is: (1) Exclusively used, (2) on a regular basis,             
          (3) for the purpose enumerated in section 280A(c)(1)(A), and (4)            
          that the taxpayer maintained the office for the convenience of              
          his employer.  Moreover, deductions allowed under section                   


          6  SEC.  280A(c).  Exceptions for Certain Business or Rental                
          Use; Limitation on Deductions for Such Use.--                               
                    (1) Certain business use.-- Subsection (a) shall                  
               not apply to any item to the extent such item is allocable             
               to a portion of the dwelling unit which is exclusively used            
               on a regular basis--                                                   
                         (A) [as] the principal place of business for any             
                    trade or business of the taxpayer,                                
               *    *         *         *    *         *        *                     
               In the case of an employee, the preceding sentence shall               
               apply only if the exclusive use referred to in the preceding           
               sentence is for the convenience of his employer.                       




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