William Herbert Whitehurst, III and Carla Cherlene Whitehurst - Page 30




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               A “regular business establishment” includes a portion of a             
          dwelling unit that is exclusively used on a regular basis as the            
          principal place of business for the taxpayer’s trade or business.           
          Sec. 280A(c)(1)(A).  For tax years beginning after December 31,             
          1998, in the case of an employee, the exclusive use must be for             
          the convenience of his employer, and the term “principal place of           
          business” includes a place of business which is used by the                 
          taxpayer for the administrative or management activities of a               
          trade or business if there is no other fixed location of such               
          trade or business where the taxpayer conducts substantial                   
          administrative or management activities.  Sec. 280A(c)(1).4                 
               Although Mrs. Whitehurst regularly worked in her home for              
          the convenience of her employer, it is not clear that she used              
          any portion of the home exclusively for the purpose of carrying             
          on her trade or business.  See sec. 280A(c)(1)(A).  Because Mrs.            
          Whitehurst’s computer and computer-related equipment do not fall            
          under the home office exception to section 274 under sections               
          280F(d)(4)(B) and 280A(c)(1)(A), they are listed property under             
          section 274(d)(4), and their deductibility is subject to the                
          strict substantiation requirements of section 274(d) (i.e.,                 
          amount, time and place, and business purpose of the expense).               


               4  Congress amended sec. 280A(c) to read as reflected above            
          in the Taxpayer Relief Act of 1997, Pub. L. 105-34, sec. 932(a),            
          111 Stat. 881.                                                              






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