- 32 - 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 thePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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