- 5 - was not permitted to write the book at his university office, but rather, he was constrained to write the book at his home. Petitioner posits that because he used a portion of his home exclusively in connection with his book writing project, he is entitled to deduct under section 280A expenses of $5,094 relating to that portion of his home used as an office. Further, petitioner claims his book writing project required travel to various libraries in the State for research purposes which generated deductible business travel expenses. Finally, petitioner claims, driving from his home office to his university office constituted a deductible business expense. Petitioner calculated that the expenses attributable to his book writing project (which petitioner first deducted as itemized deductions on his 2003 return and subsequently recharacterized as “business profit/loss”) totaled $13,679.16.4 Discussion As a general rule, the Commissioner’s determinations in the notice of deficiency are presumed correct, and the burden of proving an error is on the taxpayer. Rule 142(a); Welch v. 4On his return, petitioner claimed, and respondent disallowed, $13,916 of Schedule A unreimbursed employee and other miscellaneous expenses deductions; petitioner recharacterized $13,679.16 of this amount on Form 1040X as trade or business expenses, leaving $137.16 still claimed as an unreimbursed employee and other miscellaneous expenses deduction. As discussed infra, at trial petitioner claimed that he was entitled to the Schedule A deduction for more than this amount.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007