- 5 - exclusively at a regular business establishment. A portion of a dwelling may be treated as a regular business establishment if it meets the requirement of section 280A(c)(1). Under the latter provision the portion of the dwelling must be used “exclusively * * * on a regular basis–-(A) as the principal place of business for any trade or business of the taxpayer”. Sec. 280A(c)(1)(A). Similarly, section 280A(a) prohibits any deduction “with respect to the use of a dwelling unit which is used by the taxpayer * * * as a residence.” This is the same exception that is contained in section 280A(c)(1)(A). Petitioner’s former husband has possession of the business records, and petitioner was not successful in getting the records from him. Accordingly, she presented no evidence concerning the deduction claimed for travel expenses; therefore, no deduction is allowable. Furthermore, as we understand, the computers and computer equipment involved here were used in petitioner’s dwelling, and there is no evidence in the record that any part of the dwelling was used exclusively for business. Respondent’s disallowance of these deductions is sustained. Similarly, deductions for expenses related to the dwelling are not allowable. There is no evidence pertaining to the remaining deductions, and the deductions claimed with regard to these items cannot be allowed.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011