James G. LeBloch and Cathy Michelsen LeBloch - Page 30




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          have been calculated by using the amounts shown on the Forms W-2,           
          Wage and Tax Statement; in other words, the amount for each year            
          that equals their reported gross wages less the sum of the                  
          reported amounts withheld for Federal income tax, Social Security           
          tax, and Medicare tax.  We conclude differently.  The bank                  
          deposits analyses correctly reflect only the portion of his wages           
          that was deposited into his account (i.e., in addition to the               
          reported amounts of tax withheld, LeBloch apparently had other              
          amounts taken out of his gross wages before those wages were                
          deposited into his account).  Those amounts are different from              
          the amounts referenced by petitioners.                                      
          C.  Home Office Deduction for Each Subject Year                             
               Petitioners are generally precluded from deducting expenses            
          incurred in connection with the business use of the residence.              
          See sec. 280A.  Pursuant to section 280A(c)(1), however,                    
          petitioners may deduct expenses allocable to a portion of the               
          residence if that portion was exclusively used on a regular basis           
          (1) as a principal place of business, (2) as the place for                  
          meeting with customers, clients, or patients in the normal course           
          of business, or (3) in the case of an unattached separate                   
          structure, in connection with the business.12  See also                     

               12 Sec. 280A(a) also does not apply to items allocable to              
          space withing a dwelling unit that is used on a regular basis for           
          the storage of inventory held for use in the taxpayer’s trade or            
          business of selling products at retail provided the dwelling unit           
                                                             (continued...)           






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