- 13 - Section 212 provides a deduction for all ordinary and necessary expenses paid or incurred with respect to management, conservation, and maintenance of property held for the production of income, including real property rental. See also sec. 1.212- 1(h), Income Tax Regs. However, because the record is void of adequate receipts or records that would substantiate petitioners’ claimed expenses, petitioners are not entitled to deductions in excess of the amount already conceded by respondent. Office in the Home Expenses Petitioners claim that they are entitled to a deduction for maintaining an office in their home. Section 280A(a) prohibits deductions “with respect to the use of a dwelling unit which is used by the taxpayer during the taxable year as a residence.” Nonetheless, taxpayers may deduct expenses attributable to the business use of their home if they qualify under one of the exceptions to this prohibition. Section 280A(c)(1) provides: SEC. 280A. DISALLOWANCE OF CERTAIN EXPENSES IN CONNECTION WITH BUSINESS USE OF HOME, RENTAL OF VACATION HOMES, ETC. (1) Certain Business Use.--Subsection (a) shall not apply to any item to the extent such item is allocable to a portion of the dwelling unit which is exclusively used on a regular basis-- (A) [as] the principal place of business for any trade or business of the taxpayer, * * * * * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011