162(a)(2) is his principal place of business
, if he has more than one regular place of business.
Under the Supreme Court's more restrictive facts-and-circumstances test, the two primary considerations used to determine whether a home office was a taxpayer's principal place of business
were the relative importance of the activities performed at each business location and the time spent at each place.
If a taxpayer's residence is his principal place of business
within the meaning of Sec.
Section 280A(c) (1) (A) permits a taxpayer to deduct home office expenses when a specific portion of the home is used exclusively and on a regular basis as the taxpayer's "principal place of business
." The definition of what constitutes a principal place of business
is central to determining whether a taxpayer may claim a business deduction for allocated home-related office expenses such as utilities, repairs and depreciation.
Delaware's broad definition of "holder" would encompass, for example, an LLC organized ("created") in Delaware but with a principal place of business
located in Montana, a state that follows the 1995 Uniform Act.
The IRS disallowed Walker's transportation expenses between job sites and his residence, reasoning that these expenses were nondeductible commuting expenses because Walker's residence was not established as his principal place of business
according to the standards in section 280A.
280A(c)(1)(A) to provide that "principal place of business
" includes a place of business used by the taxpayer for the administrative or management activities of any trade or business if there is no other fixed location of that trade or business in which the taxpayer conducts substantial administrative or management activities of the trade or business.
If a taxpayer's residence is his or her principal place of business
under section 280A(c)(1)(A), he or she may deduct daily transportation expenses incurred between the residence and another work location in the same trade or business, regardless of whether the other work location is regular or temporary and regardless of the distance.
1991), aff'g 94 TC 20 (1990), the answer is "rarely." Soliman defined the "principal place of business
" test so narrowly that even individuals who perform essential business activities in the home office will be denied deductions for utilities, depreciation, insurance, repairs, etc., for that office.
The Court used two tests to determine whether a home office was a taxpayer's principal place of business
: (1) the relative importance of the activities performed at each business location and (2) the amount of time the taxpayer spent at each location.
(A)DANHILO LTD T/A VICTORIA CHINESE RESTAURANT having ceased to trade having its registered office & principal place of business
at 4 main street, clondalkin, dublin 22 d22p2t2 & (B)PAJI KERALA INVESTMENTS LTD T/A PJ'S PIZZA AND DELI having ceased to trade having its registered office & principal place of business
at 6 deans court, kill lane, deansgrange, co.
First, the court cited the case law on this issue, concluding that if a taxpayer's residence is not his "principal place of business
" per Sec.