- 4 - taxpayer". Thus, to qualify under section 280A(c) for a home office deduction, petitioner must establish that a portion of his dwelling is (1) exclusively used, (2) on a regular basis, and (3) as the principal place of business for his trade or business. See Hamacher v. Commissioner, 94 T.C. 348, 353 (1990). We are satisfied that petitioner's home office was used exclusively and regularly in petitioner's business. We now consider whether petitioner's home office was his principal place of business. In Commissioner v. Soliman, 506 U.S. 168 (1993), the Supreme Court identified two primary factors to be considered in deciding whether a home office is the taxpayer's principal place of business: (1) The relative importance of the activities performed at each business location, and (2) the time spent at each place. See id. at 175. The relative importance of the activities performed at each business location is to be determined by the basic characteristics of the taxpayer's particular business. The point where goods and services are delivered must be given great weight in determining the place where the most important functions are performed. See id. In Commissioner v. Soliman, supra, the taxpayer was an anesthesiologist who divided the practice of his profession among three hospitals in Maryland and Virginia. The taxpayer administered the anesthesia, cared for patients after surgery,Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011