Danielle L. Clark-Hernandez - Page 19




                                       - 18 -                                         

          business of selling products at retail or wholesale, but only if            
          the dwelling unit is the sole fixed location of such trade or               
          business.”  Sec. 280A(c)(2).                                                
               For 1992, petitioner deducted expenses for office rent which           
          respondent fully allowed.  However, petitioner contends that she            
          is entitled to “home office” and storage expenses.  We disagree.            
          We find petitioner’s testimony conflicting and confusing, and her           
          position unjustifiable.  She testified that a portion of her home           
          was used during the time “when I first started” Dustbusters.                
          However, she also testified that she began Dustbusters in 1987              
          and utilized office space rented at 7856 West Appleton Avenue               
          since 1987.                                                                 
               The record also reflects that petitioner deducted monthly              
          rent paid to her mother and grandmother as alleged rental costs             
          for storage space.  At trial, Ms. Clark testified that the $250             
          rent that petitioner sometimes paid was “to help out with                   
          everything”.  Petitioner also admitted that rental payments made            
          to her grandmother were for her personal residence, thus                    
          nondeductible.                                                              
               In this case, petitioner does not fit within the exception             
          of section 280A(c)(2) because she had a fixed place of business             
          at 7856 West Appleton Avenue during the same time period that she           
          is claiming deductions for home office expenses.  The storage               
          areas in issue were located at petitioner’s various personal                






Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next

Last modified: May 25, 2011