- 6 - Home Office Expenses - Rent and Utilities Petitioner claimed deductions for rent and utilities paid with respect to her home office in the amounts of $1,200 and $1,289, respectively. Section 280A(a) provides that in the case of a taxpayer who is an individual, no deduction otherwise allowable under chapter 1 of the Code (relating to normal taxes and surtaxes) shall be allowed with respect to the use of a dwelling unit which is used by the taxpayer during the taxable year as a residence. The term "dwelling unit" includes a house, apartment, condominium, or similar property, and all structures or other property appurtenant to such dwelling unit. Sec. 280A(f)(1)(A). Section 280A(c) provides for exceptions to section 280A(a). In pertinent part, section 280A(c)(1)(A) states that section 280A(a) shall not apply to any item to the extent that such item is allocable to a portion of the dwelling unit which is exclusively used on a regular basis as the principal place of business for any trade or business of the taxpayer. We are convinced from the record that 50 percent of petitioner's apartment was exclusively used on a regular business for her band management activities. We must also, however, address the question of whether the home office constitutes her principal place of business. The Supreme Court in Commissioner v. Soliman, 506 U.S. 168 (1993), postulated two primary considerations to decide whetherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011