Robert B. and Betty D. Harris - Page 21




                                       - 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

Last modified: May 25, 2011