- 10 - In order to have a deductible amount, petitioners must show medical and dental expenses exceeding $6,191.18 ($82,549 (AGI) x 7.5 percent).2 The $2,551 in medical and dental expenses that respondent has conceded does not exceed the 7.5-percent floor. Accordingly respondent’s determination denying petitioners’ deduction for medical and dental expenses is sustained. 4. Deduction for the Business Use of the Home Expenses for the business use of a taxpayer’s residence are deductible only in very limited circumstances. The taxpayer must show that a portion of the residence was exclusively used on a regular basis as his principal place of business for any trade or business of the taxpayer; and in the case of an employee, the exclusive use must be for the employer’s convenience. See sec. 280A(c)(1). If the taxpayer uses the dwelling unit as a residence, the deduction is limited to the excess of the gross income derived from such business use over the sum of certain deductions. Sec. 280A(c)(5). It is well established that an individual may be in the trade or business of being an employee and that ordinary and necessary expenses incurred in a trade or business are deductible. See sec. 162(a); Primuth v. Commissioner, 54 T.C. 374 (1970); Christensen v. Commissioner, 17 T.C. 1456 (1952). 2 Petitioners reported AGI of $82,548.94, and respondent rounded it to the nearest dollar; i.e., $82,549.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008