- 6 - In addition, section 280A(a) provides as a general rule that “no deduction * * * shall be allowed with respect to the use of a dwelling unit which is used by the taxpayer during the taxable year as a residence.” However, section 280A(c)(1) sets forth the following exceptions to the general rule: SEC. 280A(c). Exceptions for Certain Business or Rental Use; Limitation on Deductions for Such Use. (1) Certain business use.--Subsection (a) shall not apply to any item to the extent such item is allocable to a portion of the dwelling unit which is exclusively used on a regular basis-- (A) the principal place of business for any trade or business of the taxpayer, (B) 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 (C) in the case of a separate structure which is not attached to the dwelling unit, in connection with the taxpayer’s trade or business. In determining whether petitioner’s home was used exclusively and regularly as his principal place of business, there are several factors that militate against petitioner in this case. First, petitioner was not required under his contract with NOAA to perform his contract obligations at home. Second, petitioner admitted at trial that he performed services under the contract at NOAA’s offices from 35 to 40 percent of the time and the remainder of his contract obligations were performed at home. Third, employees of NOAA that petitioner trained were notPage: Previous 1 2 3 4 5 6 7 8 NextLast modified: March 27, 2008