- 27 - his home was the principal place of business for his aviation activities. Where a taxpayer’s business is conducted in part at the taxpayer’s residence and in part at another location, there are two primary considerations in determining whether the home office qualifies as the taxpayer’s principal place of business: (1) The relative importance of the functions or activities performed at each business location, and (2) the time spent at each location. See Commissioner v. Soliman, 506 U.S. 168, 175-177 (1993); Strohmaier v. Commissioner, 113 T.C. 106, 111-112 (1999).15 As a threshold matter, we are unpersuaded of the truth of petitioner’s allegation that he had no office space at Great Lakes available to him.16 For this reason alone, we question whether petitioner’s home was his principal place of business. 15 Effective for taxable years beginning after Dec. 31, 1998, sec. 280A was amended so that the term “principal place of business” now includes a place of business that the taxpayer uses to perform administrative or management activities related to the taxpayer’s trade or business if there is no other fixed location of the trade or business where the taxpayer conducts substantial administrative or management activities. Sec. 280A(c), as amended by the Taxpayer Relief Act of 1997, Pub. L. 105-34, sec. 932(a), 111 Stat. 788. 16 When applying for an aircraft dealer’s license, petitioner represented to the Minn. Dept. of Transp. that he leased from Great Lakes 150 sq. ft. of office space at the Anoka airport to use “as an operating base” for his aircraft dealer business. The issuance of an aircraft dealer’s license by the Minn. Dept. of Transp. to petitioner was based in part upon this representation. Petitioner now claims that he had no office space at Great Lakes and was forced to use his home to conduct business activities. We find petitioner’s convenient change of story troubling.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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