- 21 - of renting their house with a profit motive and are therefore precluded from deducting under section 162 or section 212 expenses attributable to its rental use. Accordingly, respondent disallowed all of petitioners' claimed expenses for cleaning and maintenance and depreciation attributable to the rental use of their house and asserted that the rental income was reportable as "other income". Petitioners concede that they are not entitled to the depreciation and maintenance expenses claimed on Schedule E of their original and amended returns. Petitioners, however, argue that they may fully offset the rental income by mortgage interest attributable to the rental use of the house. Section 280A(a) provides that, except as otherwise provided in that section, no deduction otherwise allowable under chapter 1 of the Internal Revenue Code is allowable "with respect to the use of a dwelling unit which is used by the taxpayer during the taxable year as a residence." A taxpayer uses a dwelling during the taxable year as a residence if he uses the unit for personal purposes for a number of days which exceeds the greater of 14 days or 10 percent of the number of days during the taxable year for which the dwelling unit was rented at fair market value. Sec. 280A(d)(1). Nevertheless, some deductions that are attributable to the rental use of a dwelling unit are excepted from the blanket disallowance of section 280A(a) and can be deducted subject to the limitations imposed by subsections (c)(5)Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011