- 5 - his home as a home office expense. Such deductions are governed by section 280A which generally disallows such deductions, unless petitioner’s situation falls within one of the following three exceptions: (1) A portion of the dwelling unit is used exclusively on a regular basis as the taxpayer’s principal place of business; (2) a portion of the dwelling unit is used exclusively on a regular basis 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; or (3) the office is a separate structure not attached to the dwelling unit and that structure is used in connection with the taxpayer’s trade or business. The record is clear that petitioner’s home office was not in a structure separate from his residence. Accordingly, petitioner must establish either that his home office was used exclusively as his principal place of business or as a location for petitioner to meet with clients in the normal course of his business. Petitioner admitted that his brother used the “office room” for purposes of sleeping. Even though such use is tangential and does not, as a practical matter, detract from the use of the room as an office, the statutory language requires that the usage be exclusive. Petitioner also stated that he used the offices of Oregon First to meet real estate clients. Under these circumstances we are compelled by the statute to deny petitioner’s claim for a home office expense deduction. SeePage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007