Ilya G. and Sophia K. Margolis - Page 14




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          We accept Mr. Margolis' testimony in this regard.  We are                   
          satisfied that petitioners incurred $13,641 in general home                 
          expenses during 1992.                                                       
               Next, we decide the percentage of the total floor space in             
          petitioners' home that was used for Mrs. Margolis' business.                
          Petitioners' corrected 1992 return provides that petitioners                
          resided in a 1,380 square-foot apartment and that the room Mrs.             
          Margolis used as a home office was 450 square feet.  However, at            
          trial, Mr. Margolis testified that in measuring his residence, he           
          did not include such areas as the kitchen, the hallways, and the            
          bathrooms.  He testified that the square footage of his residence           
          including the excluded areas was more accurately about 2,000                
          square feet.                                                                
               Based on the record, we find that Mrs. Margolis' home office           
          comprised 22.5 percent (450 out of 2,000 square feet) of                    
          petitioners' residence.  Cf. Cohan v. Commissioner, 39 F.2d 540             
          (2d Cir. 1930).  Petitioners are therefore entitled to a home               
          office deduction in the amount of $3,069 (22.5 percent of                   
          $13,641).                                                                   
               B.  Interest Expense                                                   
               Petitioners claim an $890 interest expense deduction for               
          each of their businesses.  Respondent allowed the interest                  
          expense deduction for Mr. Margolis' business.  Respondent                   
          contends that Mrs. Margolis is not entitled to an additional $890           
          deduction because petitioners have failed to substantiate such an           
          expense.  We agree with respondent.                                         

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