Nicholas M. Romer - Page 27




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          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.                                                            




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