James A. and Joan H. Soholt - Page 12




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          regular basis as the taxpayer’s principal place of business.                
          Sec. 280A(c)(1).5                                                           
               Petitioners introduced pictures of their home and prepared a           
          rough sketch of the home layout including square footage.  Mr.              
          Soholt also described the layout of his home office and explained           
          the setup of his work area, filing cabinets, and storage space              
          for his MetLife marketing materials.  Mr. Soholt admitted that he           
          kept a few personal documents in the filing cabinet such as                 
          wills, copies of tax returns and similar documentation, but the             
          family living area was located on another floor of the home and             
          the office area was not used for anything other than Mr. Soholt’s           
          business activities.  The home office constituted 18 percent of             
          petitioners’ home based on square footage.                                  
               We have carefully examined the parties’ exhibits and Mr.               
          Soholt’s testimony on this issue.  We find his testimony on this            
          issue to be credible and the documents reliable.  We conclude               
          that 18 percent of petitioners’ home was regularly and                      
          exclusively used as the principal place of business for Mr.                 
          Soholt’s MetLife affairs.  Petitioners are therefore entitled to            




               5There is an additional requirement that the home office be            
          for the convenience of the employer.  Sec. 280A(c)(1) (flush                
          language).  The record is unclear whether the parties dispute               
          this issue.  Unreimbursed business expenses are subject to the 2-           
          percent limitation of sec. 67.                                              






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