Robert B. and Betty D. Harris - Page 17




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               On this record, the Court holds that petitioner’s tax home             
          during 1994 was Los Angeles.  Petitioners are not entitled to               
          deduct the Los Angeles living expenses of petitioner or expenses            
          for travel between Los Angeles and Memphis during that year.6               
          Respondent is sustained on this issue.                                      
               The second issue is whether petitioners are entitled to                
          deductions for home office expenses under section 280A for each             
          of the years at issue.  For 1994, 1995, and 1996, petitioners               
          claimed various expenses on Schedule C that petitioners contend             
          were in conjunction with an office petitioner maintained in their           
          personal residence at Memphis.  The claimed expenses were:                  

               Expense          19941          19952          19963                   
               Insurance      $1,111.67      –-             $613.73                   
               Telephone      756.48         --             676.55                    
               Security       --             $1,040         137.50                    
               Utilities      –-             –-             665.19                    
               1 Petitioners deducted 1/3 of their total homeowner’s                  
               insurance and 73 percent of their total telephone expenses.            



               6    To the extent that the per diem amount deducted by                
          petitioners for 1994 ($36 x 344 days = $12,384) exceeded the                
          number of days petitioner was in Los Angeles (344 - 287 = 57                
          days) and would thus be attributable to other cities, petitioners           
          failed to produce evidence that would satisfy the strict                    
          substantiation requirements of sec. 274(d) with respect to these            
          expenses.  Additionally, with respect to travel expenses between            
          Los Angeles and Memphis, petitioners failed to produce evidence             
          to satisfy the strict substantiation requirements of sec. 274(d),           
          particularly in connection with the business purpose for such               
          travel.  See discussion infra.                                              





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