Jack Chien Ching Huang - Page 10




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               Section 280A(c) provides exceptions to the general rule of             
          section 280A(a).  Thus, as relevant herein, section 280A(a) does            
          not apply to any item to the extent that such item is allocable             
          to a portion of the dwelling unit that is exclusively used on a             
          regular basis as the principal place of business for any trade or           
          business of the taxpayer.  See sec. 280A(c)(1)(A).  Accordingly,            
          in order to qualify under section 280A(c), a portion of                     
          petitioner’s dwelling must be exclusively used on a regular basis           
          as the principal place of business for his trade or business.               
          See Hamacher v. Commissioner, 94 T.C. 348, 353 (1990).                      
               Exclusive use of a portion of a taxpayer’s dwelling unit               
          means that the taxpayer must use a specific part of the dwelling            
          unit solely for the purpose of carrying on his trade or business.           
          The use of a portion of the dwelling unit for both personal                 
          purposes and for the carrying on of a trade or business does not            
          meet the exclusive use test.  Gomez v. Commissioner, T.C. Memo.             
          1980-565.  However, “The exclusive use test does not require that           
          the portion of a room used for business must be separated                   
          physically from the rest of the room by a wall, partition, or               
          other demarcation, but only that the absence of such a physical             
          separation be a factor for the Court to weigh.”  Williams v.                
          Commissioner, T.C. Memo. 1991-567.                                          










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