9 Petitioner testified that he used the dining room to conduct conferences and to execute various documents. Petitioner also testified that he stored current legal files in the dining room piled on the floor and on the furniture, although the only filing cabinets were in one of the other rooms. Two of petitioner's clients testified to meeting with petitioner in the dining room area. Petitioner admitted that his family used the dining room for family dinners but testified that this occurred on Saturdays and Sundays only, on three birthdays, and on Thanksgiving. Although the testimony convinces us that petitioner used the dining room for some business purposes, petitioner has not established that this room was used exclusively for business purposes. Based on the record, we do not believe that the personal use of the dining room was de minimis. See, e.g., Culp v. Commissioner, T.C. Memo. 1993-270; Hughes v. Commissioner, T.C. Memo. 1981-140. Petitioners are not entitled to deduct the expenses attributable to this portion of their home. Petitioner argues that the portion of his home allocable to his business included the living room. Respondent argues that petitioner has failed to prove that the area was used exclusively for business purposes. Respondent contends that petitioner's testimony is not credible and that we should infer from the manner in which the room was furnished that petitioners and their children made personal use of their living room, citing Hefti v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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