Jack Chien Ching Huang - Page 11




                                       - 10 -                                         
               We begin by applying these principles to petitioner’s “home            
          office”.  Here it is clear that petitioner used this room for               
          personal purposes and that business use was secondary, if not               
          incidental.  Indeed, the photograph of the room that petitioner             
          introduced at trial did not reveal any indicia of business use;             
          moreover, the main piece of furniture in the room was a folding             
          sofa that petitioner used as his bed on most nights.  It is                 
          equally clear that no portion of this room was used exclusively             
          for business purposes.  Accordingly, we hold that petitioner is             
          not entitled to any deduction in respect of his “home office”.              
          See Cook v. Commissioner, T.C. Memo. 1997-378.                              
               We turn now to petitioner’s “studio”.  Here the situation is           
          different.  Although there was some personal use of a portion of            
          this room, petitioner used a clearly defined portion thereof                
          exclusively as the principal place of business for his music                
          composition and violin teaching businesses, as well as a place of           
          business for the Pasadena Chinese School.  Accordingly, we hold             
          that petitioner is entitled to a deduction equal to three-                  
          quarters of the expense allocable to his “studio”.  See Hewett v.           
          Commissioner, T.C. Memo. 1996-110.                                          
          B.  Repayment of Principal on Loan From Providian Bank                      
               During the year in issue, petitioner borrowed money from his           
          mother and aunt in order to pay down the outstanding balance on             
          his line of credit with Providian Bank.  At trial, petitioner               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011