- 14 - In the case of an employee, the preceding sentence shall apply only if the exclusive use referred to in the preceding sentence is for the convenience of his employer. In deciding whether a residence is the principal place of business, it must be compared to all of the other places where business is transacted. See Commissioner v. Soliman, 506 U.S. 168, 174 (1993) (superseded in part by statute on another issue for tax years beginning after 1998). A deduction is allowed only when the residence is the most important or significant place for the business. The two primary considerations are the relative importance of the activities performed at each business location and the time spent at each place. See id. at 175. The relative importance of business activities engaged in at the office in the home may be substantially outweighed by business activities engaged in at another location. See Strohmaier v. Commissioner, 113 T.C. 106, 112 (1999). For an architect, drafting is an important function of the taxpayer’s trade or business. Petitioner uses the office in his residence to perform most of the drafting required by his employment. However, petitioner testified that he spends 60 percent of his working hours in the office at NIRC, and the remainder of his time is split between working in the field or in the office in the home. The record does not show what functions were performed by petitioner at the other locations. Because aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011