Curtis Muhammad - Page 13

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          relevant herein, section 280A(c)(1) provides that the general               
          rule of section 280A(a) is not applicable to any item to the                
          extent it is allocable to a portion of the dwelling unit which is           
          exclusively used on a regular basis as the principal place of               
          business for any trade or business of the taxpayer, or as a place           
          of business which is used by patients, clients, or customers in             
          meeting or dealing with the taxpayer in the normal course of his            
          trade or business.  Expenses deducted as a business use of home             
          must be deductible under section 162 or some other Code section.            
          See sec. 280A(a).                                                           
               Petitioner testified that he used his basement as his home             
          office.  The evidence and testimony available do not indicate               
          that petitioner met with clients or customers in his basement.              
          Therefore, petitioner’s deductions for business use of home can             
          only be sustained if he used the basement on a regular basis as             
          the principal place of business for a trade or business.                    
               Petitioner argues that an income statement, which lists                
          operating expenses and which he testified had been created by               
          BMS, was created from a log petitioner kept of his expenses and             
          was averaged over the year.  Petitioner argues that this income             
          statement is sufficient to substantiate his business use of home            
          expenses.  Petitioner testified that from January 2001 to                   








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