- 20 - delivered to the taxpayer, who then executes and files the same. See Strohmaier v. Commissioner, 113 T.C. 106, 112-113 (1999). The delivery of a completed return is the service for which petitioner would ultimately have been paid. However, no evidence was produced to show where, or in what manner, petitioner delivered completed tax returns to his clients. However, it is clear from the record that petitioner spent the substantial majority of his time, during each of the years at issue, conducting his tax return preparation business at locations other than Memphis, Tennessee, primarily at Los Angeles. Thus, most of petitioner’s business activities were performed outside of his claimed home office at Memphis. On this record, the Court finds that the areas of petitioners’ Memphis residence that they claim constituted a home office were not used exclusively and regularly in petitioner’s tax return preparation business during 1994, 1995, or 1996. Moreover, the Court finds that petitioners’ home was not petitioner’s principal place of business during any of the years at issue. Consequently, respondent is sustained on the disallowance of the home office expenses claimed by petitioners for 1994, 1995, and 1996.7 7 For 1994 and 1996, portions of the claimed telephone expenses consisted of monthly payments to Cellular One of Memphis for a mobile phone. All checks to Cellular One were signed by (continued...)Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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