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Not (convenience of the employer)
Ratio
decidendi
For each task that
is expected
suitable space is provided
by the employer
Intermediate
level
task1
taxpayer
place1
employer
task3
place2
educator
task2
place3
task4
grade
papers
classroom
Xyz high
school
talk to
parents
prepare
lessons
Cousino
staff room
home
teach
high-school
teacher
Facts
Fig. 6.2
A partial representation of the
Cousino case
(
Dashed lines
means
provided by
and
dotted
lines
mean
designated space for
.)
In particular, among the precedents, there was a case of a high-school teacher
Cousino, who claimed home-office deduction, but the courts denied him because the
school provided him a
suitable space:
a classroom where he could teach, and an
office equipped with a phone and office supplies. Let us refer to this as the
Cousino
case
. A partial representation of the
Cousino case
is shown in Fig.
6.2
.
In this figure, three levels of representations are shown. The
Facts
level corre-
sponds to the low-level or perceptual features and the
Ratio decidendi
level corre-
sponds to the high-level conceptual or the gestalt features. At the
Ratio decidendi
level, the justification for the decision is presented in abstract legal terms. An
interme-
diate
level of representation is also shown, which mediates between and connects the
high-level representation to the low-level representation. (See [
25
] for more details.)
Another case among the precedents concerned a concert violinist Drucker. He
claimed tax deduction for a studio he maintained at home where he practiced regu-
larly. The courts allowed him the deduction arguing that for musicians, their principal
activity is rehearsal, and the employer did not provide any space where the musi-
cian could rehearse. Let us call this the
Drucker case
. A partial representation of the
Drucker case
is shown in Fig.
6.3
.
Now consider the case of a college professor Weissman, who claims tax deduction
for an office he maintained at home. In the
Weissman case,
the college provided him
a shared office. But the taxpayer argued that because many staff members shared the
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