David J. Edwards - Page 32





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          allowed irrespective of whether the home was used for business.             
               Petitioner also failed to establish he conducted a separate            
          trade or business of making films or of composing and selling               
          music.  Petitioner testified he produced no films in either 1996            
          or 1997, other than a few slide presentations in 1997 used in his           
          medical practice.  Petitioner also failed to establish that                 
          expenses relating to a separate trade or business of making films           
          or composing and selling music would have been allowable under              
          section 183 (which disallows losses from activities not engaged             
          in for profit).                                                             
               Finally, petitioner failed to establish that his proposed              
          allocation of home expenses was appropriate.  Petitioner’s                  
          proposed allocation is based on an estimate of the portion of his           
          home used to store his film and music equipment.  A deduction for           
          use of a home for storage of business property is allowed if the            
          dwelling is the “sole fixed location of such trade or business”             
          and is used as a “storage unit for the inventory or product                 
          samples” of the taxpayer’s trade or business.  Sec. 280A(c)(2);             
          Banatwala v. Commissioner, T.C. Memo. 1992-483.  Petitioner used            
          his residence to store audio and video equipment used to make               
          films and music, not inventory held for sale to customers or                
          samples.  Petitioner also failed to establish that his home is              
          the sole location of his trade or business.  We therefore deny              
          petitioner’s request to deduct two-thirds or any portion of the             






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