Jerry Howard-Crowley - Page 10

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          petitioner claims 52 percent of the area of his home was used for           
          business.                                                                   
               Section 162 generally allows a deduction for ordinary and              
          necessary expenses incurred in carrying on a trade or business.             
          Under section 280A(c)(1)(A), however, business expenses relating            
          to use of any portion of a taxpayer's home are not allowable                
          unless the taxpayer establishes that the portion of the                     
          taxpayer's home to which the expenses relate was used exclusively           
          and on a regular basis as the principal place of the taxpayer's             
          trade or business.  Hamacher v. Commissioner, 94 T.C. 348, 353              
          (1990).  The flush language following section 280A(c)(1)(C)                 
          provides that the term "principal place of business" includes a             
          place used by the taxpayer "for the administrative or management            
          activities" of a trade or business.  Occasional use, however, of            
          a portion of a taxpayer's home for business purposes will not               
          satisfy the requirements of section 280A(c).  LaFavor v.                    
          Commissioner, T.C. Memo. 1998-366; Anderson v. Commissioner, T.C.           
          Memo. 1982-576.                                                             
               Petitioner testified that his dining room office contained a           
          file cabinet, construction magazines, a television (for watching            
          the Learning and Discovery channels), a computer, and a desk.               
          Petitioner further testified that he was a subcontractor for                
          Stone Property Management during the entire year and had no other           
          sources of income.  When asked for what purpose the office was              






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