- 9 - We agree with respondent that all floors of the building constitute petitioner's "dwelling unit". Clearly, the upper level of the building, which petitioner utilized as his residence, is a dwelling unit. The building contains no permanent partitions or walls that physically or functionally separate the area used by the art gallery from the areas used as petitioner's residence. Various photographs introduced into evidence depicting different interior areas of the building reveal nothing that suggests that the three levels of the building were anything other than one integrated unit. Customers who entered the art gallery had free access to the foyer where the stairway to the basement was located. Allowing customers to have access to the foyer area also gave them access to the building's upper level, or petitioner's residence. Petitioner had to pass through the foyer in order to gain access to his residence. He had to use the same stairway that customers used when he descended to the laundry room in the basement. We see no meaningful distinction between the facts of this case and those involved in Burkhart v. Commissioner, T.C. Memo. 1989-417. In that case the taxpayer used the basement portion of his residence exclusively for business purposes. In deciding that the entire structure constituted the dwelling unit the Court stated: The basement became both a physical and functional part of the building. * * * The costs of maintaining the basement in terms of taxes, interest, utilities andPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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