- 5 - Mr. Popov took measurements of the apartment and determined that the living room took up 40 percent of the entire apartment space. The record also includes a rough diagram of the layout of their apartment. Petitioners claimed a home office deduction for the living room and deducted $3,600 or 40 percent of the rent for the year and $109 or 20 percent of the electricity for the year. There is no dispute as to the cost of the rent or electricity. Section 280A(a) generally disallows a deduction with respect to the use of a taxpayer’s personal residence. Section 280A(c)(1)(A), however, provides that section 280A(a) shall not apply if a portion of the taxpayer’s personal residence is exclusively used on a regular basis as the principal place of business for any trade or business of the taxpayer. The exclusive use of a portion of a taxpayer’s dwelling unit means that the taxpayer must use a specific part of the dwelling unit solely for the purpose of carrying on his trade or business. We are satisfied that a specific portion of the living room was exclusively used by Mrs. Popov for her practicing and recording activities during 1993. Additionally, we must address the question of whether the home office constitutes Mrs. Popov’s principal place of business. The Supreme Court in Commissioner v. Soliman, 506 U.S. 168 (1993), identified two primary considerations to decide whether an office located within a taxpayer’s dwelling unit is a taxpayer’s principal place of business: (1) The relativePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011