- 16 - In order for a taxpayer to establish use on a “regular” basis, the business use must be more than occasional or incidental. Irwin v. Commissioner, T.C. Memo. 1996-490, affd. without published opinion 131 F.3d 146 (9th Cir. 1997); Hefti v. Commissioner, T.C. Memo. 1993-128. A taxpayer “exclusively” uses a portion of his dwelling in a trade or business if the portion in question is not used for other than business purposes. Irwin v. Commissioner, supra; Hefti v. Commissioner, supra. The use of a portion of a dwelling unit both for personal purposes and for the carrying on of a trade or business does not meet the exclusive use test. See Sengpiehl v. Commissioner, T.C. Memo. 1998-23; Hefti v. Commissioner, supra. Petitioner claimed deductions of $4,030 for home office expenses paid in connection with Zomans Productions. Petitioner provided a diagram of his apartment in which he designated one room as a “studio area” and another as an “office” for his movie production business. In order to access the living room, the bedroom, or the bathroom, petitioner must go through one of the designated areas. It is well established that the Court is not required to accept a taxpayer’s self-serving testimony in the absence of corroborating evidence. See Niedringhaus v. Commissioner, 99 T.C. 202, 219 (1992); Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). Other than petitioner’s testimony, therePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011