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NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
COMMISSIONER OF INTERNAL REVENUE v.
SOLIMAN
certiorari to the united states court of appeals for
the fourth circuit
No. 91-998. Argued October 5, 1992-Decided January 12, 1993
During the 1983 tax year, respondent Soliman, an anesthesiologist,
spent 30 to 35 hours per week administering anesthesia and postop-
erative care in three hospitals, none of which provided him with an
office. He also spent two to three hours per day in a room in his
home that he used exclusively as an office, where he did not meet
patients but did perform a variety of tasks related to his medical
practice. His claimed federal income tax deduction for the portion
of his household expenses attributable to the home office was disal-
lowed by petitioner Commissioner, who determined that the office
was not Soliman's ``principal place of business'' under 26 U.S.C.
280A(c)(1)(A). The Tax Court disagreed and allowed the deduction.
In affirming, the Court of Appeals adopted the test used in the Tax
Court, under which a home office may qualify as the ``principal place
of business'' if (1) the office is essential to the taxpayer's business; (2)
the taxpayer spends a substantial amount of time there; and (3) there
is no other location available for performance of the business' office
functions.
Held:Soliman was not entitled to a deduction for home office expenses.
Pp. 4-10.
(a)The test used by the Court of Appeals is rejected because it
fails to undertake a comparative analysis of the taxpayer's various
business locations. This Court looks to words' ``ordinary, everyday
senses'' in interpreting a revenue statute's meaning. E. g., Malat v.
Riddell, 383 U.S. 569, 571. Section 280A(c)(1)(A) refers to the
``principal place of business,'' and both the common sense and diction-
ary meanings of ``principal'' demonstrate that this constitutes the
most important or significant place for the business, as determined
through a comparison of all of the places where business is trans-
acted. Contrary to the Court of Appeals' suggestion, the statute
does not allow for a deduction whenever a home office may be char-
acterized as legitimate. Pp. 4-6.
(b)Although no one test is always determinative and each case
turns upon its particular facts, there are two primary considerations
in deciding whether a home office is the principal place of business.
First, the relative importance of the functions performed at each
business location must be analyzed. This requires, as a preliminary
step, an objective description of the particular characteristics of the
business in question. If the nature of that business requires the
taxpayer to meet or confer with a client or patient or to deliver goods
or services to a customer, the place where that contact occurs, though
not conclusive, must be given great weight. Moreover, if the nature
of the business requires that its services are rendered or its goods are
delivered at a facility with unique or special characteristics, this is
a further and weighty consideration. Contrary to the Court of Ap-
peals' ruling, the essentiality of the functions performed at home,
while relevant, is not controlling, whereas the availability of alterna-
tive office space is irrelevant. Second-and particularly if the fore-
going analysis yields no definitive answer-the decisionmaker should
compare the amount of time spent at the home with the time spent in
each of the other places where the business is transacted. If the com-
parative analysis required by the statute reveals that there is no
principal place of business, the courts and the Commissioner should
not strain to conclude that a home office qualifies by default. Pp. 6-9.
(c)Application of these principles demonstrates that Soliman's
home office was not his principal place of business. His home office
activities, from an objective standpoint, must be regarded as less im-
portant to his business than the tasks he performed at the hospitals.
The actual treatment of patients at these facilities having special
characteristics was the essence of the professional service he provided
and was therefore the most significant event in the professional
transaction. Moreover, the hours he spent in the home office, when
compared to the time he spent at the hospitals, are insufficient to
render the home office the principal place of business in light of all
of the circumstances of this case. P. 10.
935 F. 2d 52, reversed.
Kennedy, J., delivered the opinion of the Court, in which Rehnquist,
C. J., and White, Blackmun, O'Connor, and Souter, JJ., joined.
Blackmun, J., filed a concurring opinion. Thomas, J., filed an opinion
concurring in the judgment, in which Scalia, J., joined. Stevens, J.,
filed a dissenting opinion.