Marie-Francine T. Grow - Page 6

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          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.                                                          








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