- 14 - Moreover, it is irrelevant whether petitioner claims the deduction under section 212 if it is not allowable under section 162. It is well established that a taxpayer is not entitled to a home office expense deduction for a section 212 activity that does not rise to the level of a trade or business within the meaning of section 162. Moller v. United States, 721 F.2d 810, 813 (Fed. Cir. 1983); Curphey v. Commissioner, 73 T.C. 766, 770 (1980). The second item, petitioner’s expenditure of $35 for maintenance of his Keogh plan, would not be an expense of carrying on petitioner’s paralegal activity but would be deductible under section 212 as a Schedule A itemized deduction. See Rev. Rul. 84-146, 1984-2 C.B. 61. In his reply brief, petitioner alleges that if the Court sustains the disallowance of some of the claimed expenses, he has additional unclaimed expenses as an offset. Attached to the reply brief were copies of numerous documents which were not offered at trial. Petitioner contends that he is entitled to claim the additional expenses under Rule 155. Petitioner is wrong. The time for presenting evidence is at trial. Generally, the Court does not try a case piecemeal. New issues may not be raised after the trial has been concluded and the record closed. Moreover, evidence may not be submitted or attached to posttrialPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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