- 12 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011