Charles A. Brown, Jr. and Linda L. Brown - Page 9

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          with him at his office, and sometimes he would travel elsewhere             
          for meetings.  Expenses incurred for incidental or occasional               
          trade or business use are not deductible even if the home office            
          was used exclusively for such purpose.  See, e.g., Cally v.                 
          Commissioner, T.C. Memo. 1983-203; Roth v. Commissioner, T.C.               
          Memo. 1981-699.  Petitioners have not established that the                  
          exception to section 280A(a) applies, and respondent’s                      
          disallowance of the deduction for utility expenses claimed for              
          the home office is sustained.5                                              
               Petitioners also included under insurance expenses a portion           
          of their homeowner’s insurance expense allocated to Mr. Brown’s             
          home office and life insurance for Mr. Brown.  If insurance                 
          expenses are directly related to business overhead, then they               
          constitute deductible business expenses under section 162.                  
          Blaess v. Commissioner, 28 T.C. 710, 714-715 (1957); see also               
          Green v. Commissioner, T.C. Memo. 1989-599.  The life insurance             
          for Mr. Brown is not directly related to his law practice, and              
          the amount representing the homeowner’s insurance expense was not           
          substantiated; therefore, respondent’s disallowance of the                  
          claimed deduction for insurance expenses is sustained.                      


               5    If the remaining amount of the utility expenses were              
          properly substantiated and thus allowable, the deduction for                
          those expenses would have been limited by sec. 280A(c)(5) not to            
          exceed the excess of the gross income “derived from such use” of            
          the home office in the trade or business, reduced by other                  
          expenses of the trade or business.                                          





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