- 8 - Discussion4 A. Home Office Deduction Petitioner contends that he is entitled to a deduction for an office in the home because his “home office” and “studio” were used for business purposes. Respondent contends that petitioner is not entitled to this deduction because neither petitioner’s “home office” nor his “studio” was used exclusively for business purposes. Respondent also contends that 75 South Meridith Avenue was not the principal place of business for the Pasadena Chinese School.5 Section 162(a) allows as a deduction all ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. However, in the case of expenses paid or incurred in connection with the business use of a home, section 280A serves to restrict the deductibility rule of section 162(a). Thus, section 280A(a) generally provides that no deduction otherwise allowable shall be allowed with respect to the business use of a taxpayer’s residence. 4 We decide the issues in this case without regard to the burden of proof. Accordingly, we need not decide whether the general rule of sec. 7491(a)(1) is applicable in this case. See Higbee v. Commissioner, 116 T.C. 438 (2001). 5 Respondent does not contend that the principal place of business for either petitioner’s music composition business or petitioner’s violin teaching business is not at 75 South Meridith Avenue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011