Theodore L. Sizelove, Sr. and Elaine J. Sizelove - Page 11




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               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.                            






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