Irwin and Jeannine Radnitz - Page 17




                                       - 16 -                                         

                           (A) the gross income derived from such use for             
                    the taxable year, over                                            
                           (B) the sum of-–                                           
                              (i) the deductions allocable to such use                
                           which are allowable under this chapter for the             
                           taxable year whether or not such unit (or                  
                           portion thereof) was so used, and                          
                              (ii) the deductions allocable to the trade or           
                           business (or rental activity) in which such use            
                           occurs (but which are not allocable to such use)           
                           for such taxable year.                                     
               Any amount not allowable as a deduction under this chapter             
               by reason of the preceding sentence shall be taken into                
               account as a deduction (allocable to such use) under this              
               chapter for the succeeding taxable year.  Any amount taken             
               into account for any taxable year under the preceding                  
               sentence shall be subject to the limitation of the 1st                 
               sentence of this paragraph whether or not the dwelling unit            
               is used as a residence during such taxable year.                       

          This Court has held on several occasions that the home office               
          deduction of a writer is limited to the gross income from                   
          writing.  Gestrich v. Commissioner, 74 T.C. 525 (1980); Warganz             
          v. Commissioner, T.C. Memo. 1981-403, affd. without published               
          opinion 696 F.2d 987 (3d Cir. 1982); Parker v. Commissioner, T.C.           
          Memo. 1984-233.                                                             
               Section 280A(c)(5) thus limits petitioners’ deduction of               
          their office expenses attributable to the Vista Loma and Deepak             
          addresses.  Their deduction is limited to the amount of                     
          petitioners’ gross income derived from Mr. Radnitz’s use of the             
          home offices reduced by the deductions allowable without regard             







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