- 9 - dealing with the taxpayer in the normal course of his trade or business * * * . The liberalizing effect of section 280A(c) is not without its limitations, however. In particular, and as relevant herein, section 280A(c)(5) limits a taxpayer's deductions for the business use of an apartment to the amount by which the gross income generated from the business activity conducted in the apartment exceeds the deductions for expenses attributable to such activity that are not allocable to the business use of the apartment itself. See Martin v. Commissioner, T.C. Memo. 1996- 503, affd. per curiam without published opinion 155 F.3d 559 (4th Cir. 1998). In other words, no deduction for use of an apartment may be claimed if said deduction would give rise to, or increase, a net loss from the business to which the deduction relates. Id. The foregoing exegesis of section 280A(c)(5) is confirmed by the legislative history of the most recent relevant amendment to that section. Thus: Reasons for Change Limitations on deduction * * * * * * * The committee believes that a home office deduction to which section 280A applies should not be used to reduce taxable income from the activity to less than zero. In adopting the provisions of the bill, the committee reemphasizes that section 280A was enacted because of concerns about allowing deductions for items which have a substantial personal component relating to the home, which most taxpayers cannot deduct, and which frequently do not reflect the incurring ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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