- 12 - is extraordinary that he would need to incur the expense to keep and store a whole "library". Petitioner has not established that the costs of commercially storing the books and other materials are deductible business expenses. The Court finds that petitioner collected large amounts of books, maps, and other geographical materials for personal reasons. See Mann v. Commissioner, T.C. Memo. 1993- 201; Wheatland v. Commissioner, T.C. Memo. 1964-95. Focusing now on petitioners' home, they argue that they are entitled to deduct a substantial portion of the cost of renting the three-bedroom house in which they reside. Section 280A generally prohibits deduction of otherwise allowable expenses with respect to the use of an individual taxpayer's home. As an exception, this restriction does not apply to any item to the extent such item is allocable to a portion of the dwelling unit which is exclusively used on a regular basis as the principal place of business for any trade or business of the taxpayer. Sec. 280A(c)(1)(A). In the case of an employee, the exclusive use of a portion of the dwelling unit must be for the convenience of his employer. Sec. 280A(c). Petitioner has not shown that his home was used for the convenience of his employer. See Gantner v. Commissioner, 91 T.C. 713, 730 (1988), affd. 905 F.2d 241 (8th Cir. 1990); Bowles v. Commissioner, T.C. Memo. 1993-222. Nor has he shown that his principal place of business was otherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011