Nicholas M. Romer - Page 26




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          the record, we conclude that petitioner has adequately                      
          established entitlement to the claimed subscription expense.                
               11.  Home Office Expenses                                              
               Petitioner claims home office deductions of $1,867 and                 
          $1,996 for taxable years 1989 and 1990, respectively. Petitioner            
          alleges that because there was no office space at Great Lakes               
          available to him, he used space in his home as the principal                
          place of business for his aviation activities.                              
          Respondent denies that petitioner’s residence constituted                   
          the principal place of business for petitioner’s aviation                   
          activities.  Accordingly, respondent has disallowed petitioner              
          any deduction for home office expense.                                      
               Generally, an individual taxpayer may not deduct expenses              
          with respect to a dwelling unit that the taxpayer uses as a                 
          residence during a taxable year.  See sec. 280A(a).  This general           
          rule does not apply, however, where the taxpayer uses a portion             
          of the residence regularly and exclusively as either:  (1) The              
          taxpayer’s principal place of business, or (2) a place of                   
          business which is used by clients or customers in meeting or                
          dealing with the taxpayer in the normal course of the taxpayer’s            
          business.  See sec. 280A(c)(1)(A) and (B).14  Petitioner does not           
          allege that he met clients at his home; rather, he contends that            



               14  The exception provided in sec. 280A(c)(1)(C) is                    
          inapplicable, as petitioner has not alleged that he used any                
          separate structure not attached to his dwelling unit.                       




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