- 6 - the amount of this expense by estimating the value of their house to be $5 per square foot. They argue that petitioner used a portion of their residence for his research activity. As a general rule, a taxpayer may not deduct an expense related to the use of his personal residence unless the expense is of a type that is specifically allowed as a deduction, such as mortgage interest under section 163(a) and (h) or State and local property taxes under section 164(a). Sec. 280A(a) and (b). Also allowable as deductions are certain expenses related to income- producing rental or business activities. Sec. 280A(c). For such expenses to be deductible, the related use of the residence must fit into one of several categories specified in section 280A(c). The only category that is arguably applicable to the case at hand is where a portion of the home is used exclusively on a regular basis as the principal place of business for the taxpayer’s trade or business. Sec. 280A(c)(1)(A). However, regardless of whether petitioner’s use of his personal residence fits within this category, petitioner does not meet a final requirement of section 280A: A taxpayer in petitioner’s situation may not deduct any amount for the business use of his home if the taxpayer derived no gross income from such business use. Sec. 280A(c)(5). In other words, such a taxpayer cannot claim a loss in a business activity based solely on the use of his home. Id. Because petitioner did not receive any income from his research activityPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011